The present general terms of sales govern the contractual relationship between :
- Julien GUIARD, SIREN n° 822 754 032 00016, residing at 35 rue Olivier de Serres, 75015 PARIS, hereafter referred to as “The Provider”.
- And, any individual or legal entity who places an order on the Service Provider’s website, hereafter referred to as “the Buyer”.
These general terms of sales apply to the online sale of products and digital subscriptions offered by the Service Provider. These general terms of sales detail all the obligations of the parties.
The Buyer is deemed to accept them unconditionally.
The Service Provider and the Buyer agree that these general terms of sales exclusively govern their relationship.
The Service Provider reserves the right to modify the general terms of sales, provided prior notice to the Purchaser is given.
The present general terms of sales will be applicable as soon as they are published online.
These general terms of sales apply to any order by the Buyer on the website https://maintenance-wp.com hereafter referred to as “the Site”.
Article 1 – Entirety
The present general terms express the totality of the obligations of the parties. In this sense, the Buyer is deemed to accept them unconditionally.
If a condition of sales were to be lacking, it would be considered to be governed by the general practices used in the distance-selling industry for companies with their registered office in France.
Article 2 – Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of digital products and services offered by the Service Provider to the Buyer.
Any order placed online implies full acceptance of these general terms of sales.
Article 3 – The order
The buyer has the possibility to place his order online, from the Site.
The Buyer must choose the offer that suits him/her and then click on the subscription or order button. Any order implies acceptance of the prices, the descriptions of the services available for sale as well as the present general terms of sales.
The Provider reserves the right to not make major updates (WooCommerce 3+, modified parent theme without child theme…) requiring additional development by keeping the Buyer informed. These particular updates may be billed in addition to a product or a subscription bought on the site. At any time the Buyer will be kept informed of the situation.
In certain cases, including non-payment, incorrect address or other problems on the Buyer’s account, the Provider reserves the right to block the Buyer’s order until the problem is solved.
For any question relating to the tracking of an order, the Buyer should contact the Service Provider by email at the following address: firstname.lastname@example.org.
Article 4 – Electronic signature
The payment of the order via the Stripe service will be proof of the Buyer’s agreement in accordance with the provisions of the law of March 13th 2000 and will be worth :
- Payability of the amounts due under the order form,
- Signature and explicit acceptance of all operations carried out.
In the event of fraudulent use of the Purchaser’s credit card, the Purchaser is invited, as soon as such use is observed, to contact the Service Provider by e-mail at the following address: email@example.com.
Article 5 – Proof of the transaction
As payment is handled by the Stripe service, notifications from this service will be considered as proof of communications, orders and payments between the parties.
Article 6 – Information on services
The products and services governed by these general terms and conditions are those that appear on the Service Provider’s website and that are indicated as sold and delivered by the Service Provider.
The services are described and presented as accurately as possible. However, if errors or omissions may have occurred in this presentation, the Provider cannot be held liable.
The Service Provider shall not be held liable for any problem related to or arising from the interpretation of the products and services sold on the Site.
The Service Provider reserves the right to withdraw products and services from sale at any time.
Article 7 – Prices
The Service Provider reserves the right to modify prices at any time but commits to apply the current rates indicated at the time of the order.
The payment of the totality of the price must be made at the time of the order. At no time can the amounts paid be considered as deposits or down payments.
Article 8 – Method of payment
The Buyer places an order online. Payment is due on the date of the order. After clicking on the offer of his choice, the Buyer must pay for his order via Stripe. The Purchaser can therefore order in complete security.
The Purchaser guarantees the Service Provider that he has the authorisations that may be necessary to use the payment method chosen by him, when validating the order form. The Service Provider reserves the right to suspend all order management and delivery in the event of failure to authorise payment by credit card from officially accredited organisations or in the event of non-payment.
In particular, the Service Provider reserves the right to refuse to make a delivery or to honour an order from a Buyer who has not fully or partially paid for a previous order or with whom a payment dispute is still pending.
Article 9 – Terms of delivery
Once the Stripe service has received confirmation of payment from the Provider’s bank, the Purchaser will be contacted by the Provider in order to set up the product or subscription ordered on their website.
The Purchaser will also receive an email summarizing his/her login details on the site following his/her order.
Article 10 – Right of withdrawal
In accordance to article L.121-20 of the Consumer Code, the Buyer benefits from a withdrawal period of 14 clear days starting from the validation of his order to notify the Provider by email, without penalty, his withdrawal and get a refund for the amounts paid.
The Service Provider undertakes, upon receipt of this email, to refund the Buyer by any means within 14 days.
The Service Provider also offers to refund the Purchaser for unsatisfactory services purchased within 30 days upon request by email to firstname.lastname@example.org.
Article 11 – Force majeure
Any circumstance beyond the control of the Parties which prevent the implementation under normal conditions of their obligations shall be considered as grounds for exemption from the Parties’ obligations and shall result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. In an explicit way, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will discuss together the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 12 – Partial non-validation
If one or more clauses of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other clauses will retain all their force and scope.
Article 13 – Non-Waiver
No waiver of any of the clauses or obligations described in the present terms or not taking advantage of a breach by the other party to any of those clauses or obligations may be for the future interpreted as a waiver of the clause or obligation in question.
Article 14 – Title
In the event of difficulty of interpretation between any of the headings appearing at the head of the clauses and any of the clauses, the headings will be declared non-existent.
Article 15 – Applicable law
These general terms are subject to the application of French law, excluding the provisions of the Vienna Convention. This is the case for the substantive rules as well as for the rules of form. In the event of a dispute or complaint, the buyer shall first contact the Service Provider to obtain an amicable solution.
Failing this, the Buyer may initiate proceedings before the Commercial Court of Paris.