GENERAL TERMS AND CONDITIONS OF SERVICE
Last update date: 08/08/2020
Article 1 – LEGAL NOTICE
This site, accessible at the URL https://app.linksgarden.com/ (the “Site”), is published by :
G2 EDITION, SASU with a capital of 100 euros, registered at the R.C.S. of CAEN under the number 850 669 292, whose head office is located at 8 rue léopold sédar senghor represented by GIANG Jacky duly authorized,
(Hereinafter referred to as the “Service Provider”).
The individual VAT number of the Operator is: FR 65 850669292.
The Site is hosted by the company SAS OVH, located at 2 rue Kellermann 59100 Roubaix.
The Director of the publication of the Site is GIANG Jacky
The Service Provider’s Customer Service can be contacted:
at the following number 02 61 53 65 25 at the following times: Monday to Friday from 9am to 5pm.
by email to contact[at]linksgarden.fr.
by the online messaging service.
Article 2 – SCOPE OF APPLICATION
The present general conditions of services (the “General Conditions”) are intended to define and govern the contractual relationship between the Provider and any professional (a “Customer”) who has created an account and wishes to benefit from the services offered on the Site.
The provision of services offered to Clients on the Website is subject to the prior acceptance without restriction or reservation of these Terms and Conditions.
The General Conditions are made available to Clients on the Site where they can be consulted directly and can also be communicated to them on request by any means.
The General Conditions are applicable notwithstanding any stipulation to the contrary appearing in any document issued by the Client, and in particular in its general conditions of purchase.
The General Conditions are applicable subject to any stipulation to the contrary appearing in the order form or in any special conditions concluded between the Company and the Client concerned.
Article 3 – DESCRIPTION OF SERVICES
The purpose of the Site is to provide the following services online:
Sale of sponsored items.
(hereinafter referred to as the “Services”).
The Services presented on the Site are each the subject of a description mentioning their essential characteristics. This description may include descriptions, photographs and graphics that are provided for illustrative purposes only and may be modified/updated on the Site.
Article 4 – CONDITIONS OF REGISTRATION
Any Customer wishing to benefit fully from the Site and the Services must
have full capacity and act for strictly professional purposes;
create a personal space on the Site by filling in the various fields of the account creation form (name, surname/first name of the referent, e-mail address, etc.);
confirm acceptance of the General Conditions;
confirm their registration.
Access to the Services is possible from a computer, a smartphone or a tablet by connecting to the Site.
The use of the Services requires a broadband internet connection and mobile internet where applicable.
Clients are personally responsible for setting up the computer and telecommunication resources required to access the Site.
The Services are accessible for a limited number of 10 connections at a time.
When creating an account with e-mail, the Customer is invited to choose a password, which guarantees the confidentiality of the information contained in the account.
In order to validate the registration, the Provider sends a confirmation e-mail to the e-mail address provided by the Customer. The Customer then activates his account by clicking on the hyperlink provided in the confirmation email.
Each Customer guarantees the sincerity and accuracy of the information provided for the purposes of his registration, undertakes to notify him of any subsequent changes and guarantees that the said information does not infringe the rights of third parties.
The Customer may modify this information, login and password from his account on the Site.
The Customer agrees not to disclose or transfer his account, login and password and is solely responsible for their use until they are deactivated. The Customer shall immediately inform the Provider of any loss or unauthorised use of the account.
The Provider reserves the right to delete the account of any Customer who has provided incorrect information.
Article 5 – ORDERS
Any Customer wishing to benefit from the online Services on the Site must :
log in to their Customer account;
select the Services they wish to use or subscribe to;
fill in the various fields on the Customer order form (anchor, url, etc.);
confirm acceptance of the order for the Services;
choose the method of payment;
make the payment for the Services.
Unless expressly provided for on the Site, the Customer may not modify his/her order after it has been validated, which will be firm and final.
Upon receipt of payment for the Services included in the order, the Provider will send the Customer an order confirmation e-mail to the e-mail address provided by the Customer.
The order confirmation e-mail will summarise the essential characteristics of the Service(s) ordered, the total price and any other relevant information.
By placing an order on the Website, the Customer expressly accepts that the Service Provider may create an electronic invoice in the Customer’s area. However, the Customer may obtain a paper invoice by sending a request to the Customer Service.
In order to fight fraud, the Service Provider or its payment or delivery service providers may request additional proof from the Customer or contact the Customer at the time of acceptance and/or shipment of the order. In the event of an unjustified refusal by the Customer to provide the requested information and/or evidence, the Service Provider reserves the right not to accept or to cancel the order without any right of objection.
The Service Provider also reserves the right not to accept or to cancel the order of any Customer who has provided incorrect information, who does not pay for the Services, with whom there is a dispute relating to the payment of a previous order or who presents an abnormally high level of orders.
Article 6 – RATE CONDITIONS
The Services are provided at the Provider’s price list in force on the Site on the day of the order, expressed in euros excluding taxes.
In case of specific services:
The Services are invoiced and the price is due in full and payable in cash on the day the order form is signed.
In the case of services to be performed successively :
The Services are invoiced and the price is due in full and payable in cash on the day of the order for the forthcoming contractual period.
The price is firm and cannot be revised during the execution of the Services, the parties expressly waiving the provisions of Article 1195 of the Civil Code.
However, the Service Provider reserves the right to modify its prices at any time for any Services that are subscribed to after this modification.
Any price reductions, discounts and rebates may apply to the Services under the conditions set out on the Website or in any other document communicated to the Client. In the event of a promotional rate, the Service Provider undertakes to apply this rate to any order placed during the promotional period.
In case of early payment by the Customer, no discount will be applied. Under no circumstances may payments be suspended or offset without prior written agreement between the Service Provider and the Customer. Any unilateral suspension, deduction or set-off by the Client shall be treated as a default in payment and shall entail all the consequences of late payment.
Furthermore, it is expressly agreed that the Client is validly put in default of payment by the mere due date of the obligation, in accordance with the provisions of Article 1344 of the Civil Code. In the event of late payment of any of the due dates, the Service Provider reserves the right, without any compensation being due to the Client, to :
demand immediate payment of all sums due for the Services, such sums becoming immediately payable regardless of their initial due date;
refuse any new order or require for any new order a cash payment or a guarantee for the good execution of the commitments;
to charge any partial payment first to the non-preferential part of the debt and then to the sums that are due the earliest;
reduce, suspend or cancel access to the Services, 30 days after the Service Provider has served formal notice to the Client without effect;
apply, without prior notice, to all amounts due, from the first day of delay until full payment, late payment penalties calculated at the rate referred to in Article L.441-6 of the Commercial Code; and/or
demand payment of a fixed indemnity of €40 for collection costs, for each invoice paid late, and payment of an indemnity equal to 10% of the sums still owed, without prejudice to compensation for any damage actually suffered.
Any change in the rates resulting from an increase in value added tax or the creation of any new tax based on the price of the Services will be immediately and automatically applied.
Article 7 – METHODS OF PAYMENT
The Customer expressly acknowledges that any order placed on the Site is an order with a payment obligation, which requires the payment of a price in exchange for the provision of the Service ordered.
The Site uses the Stripe online payment solution.
Orders may be paid for using one of the following payment methods:
Payment by credit card. The payment is made directly on the secure bank servers of the Provider’s bank, the Customer’s bank details do not pass through the Site. The bank details communicated during the payment are protected by an SSL (Secure Socket Layer) encryption process. Bank cards issued by banks domiciled outside France must be international bank cards. Payment with these cards is made in cash, without discount.
Payment by bank transfer. The Customer may pay for his order by bank transfer. At the time of the order, the Service Provider will communicate the details of the account to which the transfer is to be made, as well as the order reference to be indicated in the transfer order.
Where applicable, the order validated by the Customer shall only be considered as confirmed when the Provider has been able to ensure the validity of the payment.
Article 8 – OBLIGATIONS OF THE SERVICE SUPPLIER
The Service Provider undertakes to take all necessary steps to perform the Services and its obligations under these General Terms and Conditions and/or any other documentation that may be concluded with the Clients, in compliance with legal and regulatory provisions and the rights of third parties.
The Service Provider declares that it has the necessary skills, experience and resources to provide the Services and will assume full responsibility for both the performance of the Services and the organisation of the work of its staff, if any.
Furthermore, the Service Provider shall endeavour to ensure that the Website is accessible and functioning properly twenty-four hours a day, seven days a week.
However, the Service Provider cannot exclude the possibility that the access and operation of the Website may be interrupted in case of force majeure, malfunctioning of the Customer’s equipment or Internet network, failure of telecommunication operators, interruption of electricity supply, abnormal, illicit or fraudulent use of the Website by a Customer or a third party, decision of the competent authorities, or for any other reason.
The Service Provider also reserves the right to make any changes and improvements to the Website and the Services that it deems necessary for technical developments or proper operation.
General and temporary interruptions of the Site and Services will, as far as possible, be notified via the Site before they occur, except when these interruptions are of an emergency nature.
Article 9 – CLIENT’S OBLIGATIONS
Each Customer undertakes to access and use the Site and the Services in a loyal manner and in accordance with the laws in force and these General Conditions.
The data and information communicated or put online by the Clients must be accurate, sincere and loyal and will be communicated under their sole responsibility.
More generally, each Client undertakes to :
to ensure compliance, in all circumstances, with the legal, social, administrative and fiscal obligations applicable to their status as a professional;
not to modify or change the nature or the terms of supply of the Services during the performance of the Services, except with the prior written agreement of the Service Provider;
to pay the price of the Services in accordance with the terms and conditions set out herein;
not to disseminate any illegal content or content that would diminish, disrupt, slow down or interrupt the normal flow of data on the Site;
to immediately notify the Service Provider of any difficulty, reservation or dispute arising during the performance of the Services or any abnormal, abusive or fraudulent use of the Website of which it is aware.
In the event that a Customer is responsible for an infringement of applicable law or an infringement of the rights of third parties, the Service Provider reserves the right to provide, at the request of any legitimate authority (court, administrative authority, police services), any information allowing or facilitating the identification of the offending Customer.
Article 10 – COMPLAINTS
In the event of defective performance of the Services, the Customer shall notify the Service Provider and express its grievances and reservations within fifteen (15) calendar days from the date it becomes aware of such defective performance, in order to allow the parties to make their best efforts to reach an amicable settlement of the situation within thirty (30) calendar days of the Customer’s initial notification.
In the event of failure to reach an amicable settlement under the above conditions and in the event of sufficiently serious non-performance by the Service Provider, the Customer may terminate the General Terms and Conditions under the conditions set out in Article 17 and, where applicable, obtain damages from the Service Provider to compensate for the loss suffered, the Customer waiving in advance the right to seek compulsory performance of the Services by the Service Provider or a third party or a proportional reduction in the price, in express derogation of the provisions of Articles 1221, 1222 and 1223 of the French Civil Code.
Article 11 – LIABILITY OF THE SERVICE SUPPLIER
The Service Provider is bound by an obligation of means for the provision of the Services.
Each Customer declares to be informed of the constraints and limits of the Internet networks and may not in any case seek the liability of the Provider for malfunctions in access to the Services, the speed of opening and consultation of the pages of the Services, the temporary or permanent inaccessibility of the Services or the fraudulent use of the Site by Customers or third parties.
The Service Provider shall not be liable for
– in the event of a breach of any obligation resulting from a fortuitous event or an event of force majeure within the meaning of Article 1218 of the French Civil Code, including, but not limited to, unforeseeable events such as strikes, work stoppages, social unrest, factory closures, floods, fires, production or transport failures not resulting from its own actions, supply disruptions, wars, riots, insurrections and, more generally, any circumstance or event that prevents the Company from properly performing its obligations;
– in the event that the information, data, instructions, guidelines, materials or media communicated by the Client are erroneous or incomplete, and more generally in the event that the non-performance or defective performance of the Services results in whole or in part from the conduct, failure or default of the Client;
– in the event that certain services or functionalities are not accessible on the Site due to the deactivation by a Client of cookies via the interface of the navigation software;
– in the event that the Site’s functionalities prove to be incompatible with certain equipment and/or functionalities of a Customer’s computer hardware.
Each Customer is also responsible for the content and information imported, stored and/or published on the Website and undertakes not to use any technical measure that would allow the circumvention of the technical protection measures put in place by the Service Provider in order to avoid any fraudulent use of the Website and the Services.
Each Customer shall also take, under its sole responsibility, all measures to ensure the integrity and backup of all its data, files and documents and shall not hold the Service Provider liable for any damage to data, files or any other document that it may have entrusted to the Service Provider while using the Website and/or the Services.
More generally, each Customer agrees to indemnify and hold harmless the Provider from any claim, demand, or opposition and more generally from any proceeding that may be brought against the Provider as a result of the Customer’s use of the Website or the Services.
In any event, the Service Provider shall not be liable for any indirect or consequential damages such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of customers, loss of business, commercial loss or disturbance or loss of image, which may result from the defective provision or lack of provision of the Services.
The Service Provider’s liability shall not exceed an amount equal to the price (exclusive of tax) received from the Client for the provision of the Services over the last twelve (12) months.
In accordance with the provisions of Article 2254 of the French Civil Code, any legal action brought by a Customer against the Service Provider shall be time-barred upon expiry of one (1) year following the date on which the Customer concerned became aware or is presumed to have become aware of the harmful event.
Article 12 – RECORDING SYSTEMS
The computer records, kept in the computer systems of the Provider and its partners in reasonable conditions of security, shall be considered as proof of communications and actions of the Clients and the Provider. The archiving of these elements is made on a reliable and durable support so as to correspond to a faithful and durable copy within the meaning of the applicable regulations.
Each Customer acknowledges the value of proof of the automated recording systems of the Website and declares that he/she will not contest them in case of litigation.
Article 13 – PERSONAL DATA
Article 14 – HYPERTEXT LINKS
The hypertext links available on the Site may refer to third party or partner sites. They are provided solely for the Customer’s convenience, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he/she will leave the Site and agree to use the third-party sites at his/her own risk or, where applicable, in accordance with the conditions governing them.
In any case, the existence of a hypertext link to the Website from a third party website or on the Website to a third party or partner website does not engage the liability of the Provider in any way and in particular as to the availability, content and products and/or services available on or from this third party or partner website.
The Customer is not allowed to create on a third party website one or more hyperlinks to the homepage of the Website or to the profile page of the Website, except with the prior written consent of the Provider.
Article 15 – INTELLECTUAL PROPERTY
The Service Provider is the sole owner of all content on the Website, including without limitation, all texts, files, images (animated or not), photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Website and all other intellectual property and other data or information that are protected by French and international laws and regulations relating to intellectual property.
Consequently, none of the content of the Website may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or for a fee, by a Client or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior written authorisation of the Service Provider, and the Client shall be solely liable for any unauthorised use and/or exploitation.
In addition, any extraction, integration, compilation, or use for commercial purposes of information contained in the databases accessible on the Website, as well as any use of software, robots, data mining systems and other data collection tools is strictly forbidden to the Clients.
However, the Service Provider grants to the Customers, subject to their compliance with these General Terms and Conditions, a non-exclusive and non-transferable right to access, download and print the contents of the Website for personal and non-commercial use.
Reciprocally, each Customer expressly authorizes the Service Provider to reproduce, broadcast, host, store, reproduce, communicate, publish, modify, adapt, translate and display all or part of its content on the Website, by any means or process, for the purposes of exploitation, improvement, verification, promotion, marketing, advertising of the Website or in the context of the establishment of partnerships. This non-exclusive, transferable and sub-licensable licence is valid for the whole world, without royalty, for the duration of the Customer’s registration or until the content is deleted from his account.
Article 16 – DURATION – SUSPENSION – TERMINATION
In the event of a one-off sale or in application of special conditions, these General Conditions are concluded for the duration of the provision of the Services, as mentioned, where applicable, in the special conditions, the frequently asked questions or the order form.
In the event of a sale with successive execution, the present General Conditions are concluded for an initial duration of one (1) month or twelve (12) months. In the absence of termination of these General Terms and Conditions within one (1) day prior to the end of this initial term, the provision of the Services and the General Terms and Conditions shall be tacitly renewed for a further period of a duration equivalent to the initial term, at the pricing conditions in force at the date of renewal.
The Service Provider reserves the right to suspend a Customer’s access to the Website and the Services permanently or temporarily in the event of a breach by the Customer of its obligations under these Terms and Conditions.
In addition, the Service Provider or the Customer may terminate the General Terms and Conditions in advance by sending a written notice:
– in the event of a case of force majeure as referred to in Article 11 above;
– after notifying the other party in the event of a serious breach of its obligations or under the applicable laws and regulations, which has not been remedied within fifteen (15) days (when this breach can be remedied) following written notification indicating the nature of the breach and the need to remedy it.
Article 17 – CONFIDENTIALITY
During the term of this Agreement, each party may become aware of or receive confidential information, web addresses, documents and/or data about the other party. Therefore, each party undertakes, both on its own behalf and on behalf of its employees for whom it acts as guarantor, to keep strictly confidential all information, web addresses, documents and/or confidential data of any kind relating to the results, activity or clientele of the other party or any information received or obtained from a party within the framework of the established contractual relationship.
This confidentiality undertaking by the parties shall be valid both for the duration of this agreement and for a period of two (2) years following its expiry or termination.
Article 18 – NOTIFICATIONS
Any written notice or summons required or permitted under the provisions hereof shall be validly given if sent by hand-delivered letter or by hand-delivered against receipt, by registered mail with advice of delivery, or by electronic mail (except in the event of termination of this Agreement), addressed to the address of the party concerned, each party electing domicile at its registered office.
Any change of address of a party for the purposes of this Agreement shall be notified to the other party in the manner provided for above.
Notices sent by hand or by bearer shall be deemed to have been made on the date of delivery to the addressee, as evidenced by the receipt of delivery. Notices made by registered mail with advice of delivery shall be presumed to have been made on the date of their first presentation at the addressee’s address. Notifications made by electronic mail shall be presumed to have been made on the date of sending the electronic mail.
Article 19 – AUTONOMY AND NO WAIVER
If any of the provisions of these General Terms and Conditions are declared null and void or inapplicable for any reason whatsoever in application of a law, regulation or following a final court decision, it shall be deemed unwritten and the other provisions shall remain in force.
The fact that the Service Provider does not avail itself temporarily or permanently of one or more of the provisions of the General Terms and Conditions shall in no case entail a waiver.
Article 20 – MODIFICATION
The Provider reserves the right to modify at any time and without notice the content or location of the Site, the Services and these Terms and Conditions.
Any use of the Website or the Services following a modification of the Terms and Conditions will imply acceptance by each Customer of the said modifications. The most recent and current version of the Terms and Conditions will always be available at the following address: https://www.linksgarden.com/conditions-generales-de-services/
When the modifications made to the General Terms and Conditions are considered substantial, they will be brought to the attention of the Clients by e-mail and must be accepted by them the next time they connect to the Site.
Article 21 – DISPUTES
Any disputes that may arise in the context of the contractual relationship between the Customer and the Service Provider shall be resolved, as far as possible, in an amicable manner.
In the absence of an amicable settlement within one month from the date of referral by one of the parties, all disputes to which the General Terms and Conditions may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences, shall be submitted to the court of CAEN.
Article 22 – APPLICABLE LAW & LANGUAGE OF THE CONTRACT
These General Conditions and the operations arising from them are governed by and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.