Between the company OALLEY SAS, 85 allées Charles de Fitte, 31300 Toulouse, share capital 5.000€, registered at the Registre du Commerce et des Sociétés de Toulouse under the SIRET number 84308656200017, represented by Mr. Dan Faudemer in quality of manager, habilitated for these purposes. Hereinafter “the Seller” or “the Company”.
On one side, and the natural or legal person purchasing the products or services of the Company, hereinafter “the Buyer” or “the Client”. Furthermore, it has been explained and agreed upon that the following:
The Seller provides services monetised through Internet sites (api.smappen.fr, smappen.fr and smappen.com). The list and description of the services provided by the Company are accessible on the aforementioned websites.
Article 1: Object and general terms
The present General Conditions of Sale determine the rights and obligations of all parties as part of the online sale of Services offered by the Seller. The present General Conditions of Sale (GCS) apply to all sales of Services carried out through the Company’s Websites which are fully part of the Contract between the Buyer and the Seller.
The Seller reserves the possibility to modify these terms at any time, through the publication of a new version on their website. The applicable GCS are therefore those which were applicable at the time of payment (or first payment, in case of multiple payments) for the order.
These GCS are viewable on the Company’s Website at the following adress: https://www.smappen.com/general-conditions-of-sale/.
The Company also ensures that these conditions are clearly and unequivocally accepted via the use of a checkbox and validation procedure. The Client declares that they have understood these General Conditions of Sale in their entirety, as well as the Specific Conditions of Sale for a service, if relevant, and declares that they accept them without restrictions or reservations.
The Client acknowledges that they have benefitted from the necessary advice and informations to ensure that the services on offer are adequate for their needs. The Client, in their quality as a natural person, declares themselves capable of signing and executing the present contract, or in their quality as a legal person, to be a legally-constituted company in the eyes of French legislation, and to have the power and capacity of signing and executing this contract, and that the signature and execution of the Contract have been authorised by its competents representatives. In the absence of contrary evidence, the information stored by the Company will constitute proof of all transactions.
Article 2: Pricing
The prices of services sold through the Websites are shown in Euros with all taxes included, and precisely listed on the description pages of the Services.
Additional customs fees, local taxes, importation rights or state taxes may apply in some cases. The Seller is not responsible for these rights and fees. They will be at the expense of the Buyer and are their responsibility (declarations, payment to the appropriate authorities, etc.).
The Seller advises the Buyer to seek information on the subject from the local authorities.
The Seller reserves the right to modify the licensing fees on the anniversary date of the subscription, for which the Seller will give the Client a one-month notice. The change will apply after the anniversary date of the subscription service.
Thus informed, the Client will be free to terminate the contact during the one-month notice period.
Telecommunicaiton fees necessary to access the Company’s websites are at the sole expense of the Client.
Article 3: Conclusion of the online contract
The Client will follow a specific series of steps for each Service provided by the Seller to finalise their order. However, the following steps are systematic:
- Information on the essential features of the Service;
- Choice of Service, if applicable of its options, and application of these General Conditions of Sale.
- Indication of essential data to the Client (identification information, address…)
- Verification of the service ordered and, if needed, cancellation of the order.
- Information on payment instructions, and payment for the Services.
The Client will then receive e-mail confirmation of the payment for the order. For the order to be completed properly, and in accordance with article 1316-1 of the Code civil, the Client will provide truthful identification information. The Seller reserves the right to refuse an order, for example in the case of any unusual request, whether made in bad faith or for a legitimate reason.
Article 4: Obligations
4.1 For the Seller
With this contract, the Seller commits themselves to:
- provide access to the service guaranteed by the contract, from the time agreed upon by both parties, and for the entire duration of the contract.
- ensure the proper implementation and operation of the service, and provide technical assistance.
- execute the contract in good faith and in the interest of all parties.
4.2 For the Client
With this contract, the Client commits themselves to:
- pay the licensing fees corresponding to the duration of the contract.
- pay theses fees in the time before this contract takes effect.
- respect the rights of third-parties, execute the contract in good faith and in the interest of all parties.
- immediately alert the smappen Company of any anomalies present on the platform.
Article 5: Services
The essential characteristics of the goods, services and their respective prices are available to the Buyer on the Company’s websites.
The Client recognises having received a description of the terms of payment of the contract’s execution.
Otherwise, the Seller will inform the Client. These contractual informations are exposed in detail. In accordance with French legislation, they are summarised and confirmed during the order validation process.
All parties agree that illustrations or photographs of the products or services available for purchase have no contractual value. The duration of validity of availability of the Products and Services and their price are specified on the Company’s websites, as well as the minimal duration of available contracts when they relate to the continuous or periodic supply of products or services.
Outside of special conditions, the rights conferred under these terms are only conferred to the natural person who signed the order (or the owner of the e-mail address provided). Refunds can be requested the following ways: by e-mail to email@example.com or by mail to: Dan Faudemer, 85 Allées Charles de Fitte, 31300 Toulouse.
Article 6: Payment
Payment will be requested immediately upon ordering.
The Client may pay by credit card. Secure online payment by credit card is ensured by our payment service provider. All transmitted data is properly encrypted and cannot be accessed as it travels on the network.
Once the payment is sent by the Client, the purchase will immediately be debited upon verification of payment informations. In accordance with article L. 132-2 of the Code monétaire et financier, the commitment to pay by credit card is final. By communicating their bank informations during purchase, the Client authorises the Seller to debit their card of the amount corresponding to the price. The Client confirms that they are the legal owner of the credit card used and that they are legally authorised to use it. In case of error, or of impossibility of debiting the card, the Sale will be cancelled by law and the order cancelled.
Payments are non-refundable and we will provide no refunds or credit for periods of partial use of our services.
In case of any late payment, the Client will be presented with interest and recovery fees in accordance with legislation. Furthermore, the absence of initiation of such a process by the licensor should not be interpreted by the Client as forfeiture of the amount owed.
Article 7: Withdrawal period
The Client accepts the provision of the service from the time of validation of their order.
From the time of validation of payment, the Client will have access to the service purchased. From then on, the Client will not have the possibitilty to use their right of withdrawal for any order or service renewal.
Article 8: Complaints
If needed, the Buyer may issue any complaint by contacting the Company :
By e-mail to the following address: firstname.lastname@example.org
By registered post with proof of receipt to the following address: Dan Faudemer, 85 Allées Charles de Fitte, 31300 Toulouse
Article 9: Intellectual property rights
The brands, domain names, products, services, software, pictures, videos, text or more generally all information subject to intellectual property rights are and shall remain the exclusive property of the Seller.
No transfer of intellectual property rights is conducted in the context of these GCS. Any complete or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden.
Article 10: Force majeure
The execution of the Seller’s duties in the context of these conditions will be suspended in the case of fortuitous events or force majeure, which would prevent their execution. The Seller will advise the Client as soon as possible in such an event.
Article 11: Tacit renewal of the contract
The present contract will be renewed automatically, by application of the principle of tacit renewal, unless you cancel your subscription before the billing date.
You may cancel your subscription at any time, and access to the service will still be guaranteed until the end of your current billing period.
Article 12: Nullification and modification of the GCS
If one of this contract’s provisions were to be nullified, this nullification would not nullify the other provisions, which will remain valid between all parties. Any modification of the contract will only be recognised in the presence of a written statement signed by both parties.
Article 13: Limitation of liability clause
In any case, the amount of damages and interests which may be attributed to smappen, should its responsibility be engaged, will be limited to the amount paid by the Client to smappen for the period which smappen billed the Client.
Article 14: Applicable law
All clauses present in these General Conditions of Sale, as well as all sale and purchase operations which are the object of these conditions, will follow French legislation. In case of a difference of interpretation following the translation of this contract to a different language, only the French version will apply.
Before engaging in legal action for any reason whatsoever, all parties agree to seek an amicable solution.