ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without limitation or qualification, to any purchase of the following services:
- services related to the Prestashop E-commerce application as offered by the Provider to non-professional customers ("The Customers or the Customer") on the website https://www.aikini.fr/.
The main features of the Services are presented on the website https://www.aikini.fr/.
The Customer is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
These GTC are accessible at any time on the website https://www.aikini.fr/ and will prevail over any other document.
The Customer declares that he/she has read and accepted these GTC by checking the box provided for this purpose before the implementation of the online ordering procedure on the site https://www.aikini.fr/.
Unless proven otherwise, the data recorded in the computer system of the Provider constitute the proof of all transactions concluded with the Customer.
THE PROVIDER'S CONTACT INFORMATION IS AS FOLLOWS :
Share capital of 1000 euros
Registered with the RCS of Marseille, under the number 83005873100027
146 rue de Lyon, 13015 MARSEILLE, FRANCE
mail : [email protected]
phone : 0972479163
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.
ARTICLE 2 - PRICES
The Services are provided at the prices in force on the site https://www.aikini.fr/, at the time of the recording of the order by the Provider.
Prices are expressed in Euros, exclusive of tax and VAT.
The prices take into account possible reductions which would be granted by the Provider on the site https://www.aikini.fr/.
These prices are firm and non revisable during their period of validity but the Provider reserves the right, out of the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Provider and given to the Customer upon delivery of the ordered Services.
ARTICLE 3 - ORDERS
It is up to the Customer to select on the website https://www.aikini.fr/ the Services he wishes to order, according to the following modalities:
The Customer chooses a Service that he puts in his basket, Service that he can delete or modify before validating his order and accepting the present general conditions of sale. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms and conditions.
The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any error.
Any order placed on the website https://www.aikini.fr/ constitutes the formation of a contract between the Customer and the Provider.
The Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
The Customer can follow the progress of his order on the website.
The placing of an order on the site https://www.aikini.fr/ implies the conclusion of a contract of a minimum duration of 12 months renewable for the same duration by tacit renewal.
Under the terms of Article L 215 -1 of the Consumer Code, reproduced below:
"For contracts for the provision of services concluded for a fixed term with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by dedicated letter or e-mail, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, shall mention, in a visible box, the deadline for non-renewal.
When this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of transformation of the initial fixed-term contract, shall in this case be reimbursed within thirty days of the date of termination, less the sums corresponding, up to that date, to the performance of the contract. The provisions of this article apply without prejudice to those which legally subject certain contracts to special rules regarding consumer information."
Article L215-2 of the Consumer Code excludes the application of art L215-1 to the operators of drinking water and sanitation services, on the other hand, article L215-3 of the Consumer Code, provides that these rules are applicable to contracts concluded between professionals and non-professionals.
The article L241-3 of the French Consumer Code sanctions the professional who would not have proceeded to the refunds under the conditions envisaged in the article L 215-1 of the Consumer Code.
ARTICLE 4 - TERMS OF PAYMENT
The price is paid by secure payment, according to the following methods:
- payment by credit card
The price is payable in full by the Customer on the day the order is placed.
However, the Customer may, when this possibility is indicated on the site https://www.aikini.fr/, pay according to the following conditions and schedule:
- 12 equal instalments, on the anniversary date.
In this case, in case of late payment and payment of the amounts due by the Customer beyond the deadlines set above, and after the payment date on the invoice sent to him, late payment penalties calculated at the legal rate applicable to the amount including VAT of the purchase price on the said invoice, will be automatically and automatically acquired by the Provider, without any formality or prior notice.
Late payment shall result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Provider may be entitled to take against the Customer in this respect.
In addition, the Service Provider reserves the right to suspend or cancel the provision of the Services ordered by the Customer in the event of non-compliance with the above payment terms.
The payment data are exchanged in encrypted mode using the protocol defined by the approved payment provider for banking transactions made on the website https://www.aikini.fr/.
The payments made by the Customer will be considered final only after effective collection of the sums due, by the Provider.
The Provider shall not be obliged to provide the Services ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions.
ARTICLE 5 - PROVISION OF SERVICES
The Services ordered by the Customer will be provided in the following manner:
- Receipt of deliverables (specifications, documentation, access...)
- Drafting of specifications to be validated by the customer
- Planning to be validated by the customer
- Production of the service
- Acceptance in a pre-production or production environment to be validated by the client
- Delivery (production start-up, opening/activation of the service, configuration...) of the service after validation of the acceptance phase by the customer (acceptance report)
- The said Services will be provided within a maximum of five (5) days from the final validation of the acceptance phase, under the conditions provided for in these GTC at the address indicated by the Customer when ordering on the website https://www.aikini.fr/.
The Provider undertakes to make its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the time limits specified above.
If the ordered Services were not supplied within ten (10) days after the indicative date of supply, for any other cause than the force majeure or the fact of the Customer, the sale of the Services could be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen (14) days which follow the date of denunciation of the contract, to the exclusion of any compensation or retention.
In the event of a specific request by the Customer concerning the conditions of provision of the Services, duly accepted in writing by the Service Provider, the costs related thereto shall be subject to a specific additional invoice at a later date.
In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, the Services shall be deemed to be in conformity with the order, in quantity and quality.
The Customer shall have a period of fourteen (14) days from the provision of the Services to file a claim by mail, with all related documents, with the Provider.
No claim will be validly accepted if the Customer fails to comply with these formalities and deadlines.
The Provider shall refund or rectify as soon as possible and at its own expense the Services for which the lack of conformity has been duly proven by the Customer.
ARTICLE 6 - RIGHT OF WITHDRAWAL
Given the nature of the Services provided, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore definitively concluded as soon as the order is placed by the Customer in accordance with the terms and conditions specified in these GTC.
ARTICLE 7 - LIABILITY OF THE PROVIDER - GUARANTEES
The Provider guarantees, in accordance with the legal provisions and without additional payment, the Customer against any defect of conformity or hidden defect, resulting from a defect of design or realization of the ordered Services under the following conditions and according to the following methods:
PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility."
Article L217-5 of the Consumer Code
"The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, if applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter."
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for intervention or the availability of the goods for repair, if this availability is later than the request for intervention.
In order to assert its rights, the Customer shall inform the Provider, in writing (e-mail or letter), of the existence of the defects or lack of conformity.
The Provider shall refund or rectify or have rectified (to the extent possible) the services deemed defective as soon as possible and no later than thirty (30) days following the Provider's finding of the defect or fault. This refund may be made by bank transfer or check.
The Provider's warranty is limited to the reimbursement of the Services actually paid by the Customer.
The Provider shall not be held responsible or liable for any delay or failure to perform due to the occurrence of a force majeure event usually recognized by French jurisprudence.
The Services provided through the website https://www.aikini.fr/ are in accordance with the regulations in force in France. The Provider's responsibility cannot be engaged in case of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of the requested Services, to check.
The Services purchased on the site https://www.aikini.fr/ can, in addition to the legal guarantees of conformity and hidden defects, benefit from a contractual guarantee as indicated if necessary in the description of a given Service, according to the following terms, conditions and rates:
This contractual warranty covers the following situations:
Any malfunctioning of the developments provided by Aikini
This guarantee is excluded in the following situations:
After delivery, any modifications to the developments provided, the installation of new modules and the implementation of additional development(s) not carried out by Aikini will result in the immediate suspension of the guarantee.
ARTICLE 8 - PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Services and their realization and delivery, entrusted to the Provider. This personal data is collected solely for the performance of the service contract.
8.1 COLLECTION OF PERSONAL DATA
The personal data that are collected on the site https://www.aikini.fr/ are the following:
During the creation of the Customer / user account: Names, first names, postal address, telephone number and e-mail address.
Within the framework of the payment of the Services proposed on the site https://www.aikini.fr/, this one records financial data relating to the bank account or the credit card of the Customer / user.
8.2 RECIPIENTS OF PERSONAL DATA
The personal data are used by the Provider and its co-contractors for the execution of the contract and to ensure the efficiency of the provision of services, its realization and its delivery.
The category or categories of co-contractors is (are) :
- Providers and payment institutions
- The data controller is the Provider, within the meaning of the French Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.
8.3 LIMITATION OF PROCESSING
Unless the Customer expresses his express consent, his personal data shall not be used for advertising or marketing purposes.
8.4 DATA RETENTION PERIOD
The Service Provider shall keep the data collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
8.5 SECURITY AND CONFIDENTIALITY
The Service Provider implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.
8.6 ENFORCEMENT OF CUSTOMER AND USER RIGHTS
In accordance with the regulations applicable to personal data, Customers and users of the https://www.aikini.fr/ website have the following rights:
- They can update or delete the data concerning them in the following way: contact form, by e-mail to [email protected], by post to 146 rue de Lyon, 13015 MARSEILLE, FRANCE
- They can delete their account by writing to the e-mail address indicated in article 9.3 "Data controller".
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".
- If the personal data held by the Service Provider is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 "Data controller".
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
- They may also request the portability of data held by the Provider to another provider
-Finally, they may object to the processing of their data by the Provider
These rights, as long as they do not object to the purpose of the processing, may be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.
The person in charge of processing must give a reply within a maximum of one month.
In the event of refusal to grant the Customer's request, reasons must be given.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Provider. The Customer may withdraw his consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.
ARTICLE 9 - INTELLECTUAL PROPERTY
The content of the website https://www.aikini.fr/ is the property of the Vendor and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 10 - APPLICABLE LAW - LANGUAGE
The present GTC and the operations resulting from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 11 - DISPUTES
For any complaint, please contact the customer service at the postal or e-mail address of the Provider indicated in ARTICLE 1 of these GTC.
The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.
The Customer is also informed that he can also resort to the Online Dispute Resolution platform (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from the purchase and sale operations concluded in application of these GTC and which have not been amicably settled by the seller or by mediation, will be submitted to the competent courts under the conditions of common law.