The present General Terms and Conditions of Sale (hereinafter the "GTC") are proposed by Christophe Hilmoine, Individual contractor whose registered office is located at 6 rue le Huérou, 35000 Rennes (hereinafter "Christophe Hilmoine").
In the following we will refer to :
The Internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these GTC carefully, to print them and/or to save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the GTC and accepts them in full and without reservation.
The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site. The GTCs applicable to the Customer are those in force on the day of his order on the Site.
Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the terms of use of the Site are provided in the Terms of Use, Legal Notice and Privacy Policy of this Site.
This Site offers the online sale of web page analyses.
The Site is freely accessible to all Customers.The acquisition of a Product or a Service supposes the acceptance, by the Customer, of the entirety of the present CGV, which acknowledges by the same fact to have taken full knowledge of it. This acceptance may consist, for example, for the Customer, in checking the box corresponding to the sentence of acceptance of these GTC, having for example the mention "I acknowledge having read and accepted all the general conditions of the Site". Checking this box will be deemed to have the same value as a handwritten signature by the Customer.
The acceptance of these GTC assumes that the customer has the legal capacity to do so. If the Customer is a minor or lacks legal capacity, the Customer represents that he/she has the permission of a guardian, tutor or legal representative.
The Customer recognizes the value of proof of the automatic recording systems of the Seller and, except for him to bring a contrary proof, he renounces to dispute them in case of litigation.
The services subscribed to by the User depend on the Offer he has chosen and of which he acknowledges having full knowledge, in particular by consulting the Site.
The continuity and availability of the Services may require the modification of the Services, in whole or in part, by addition, deletion or update.
By express agreement, these possible modifications, major or not, are an inherent evolution of the Services and do not constitute a modification of the contract.The User may not claim to retain the previous state of the Services, nor obtain compensation for these changes.
The creation of a "customer account" is a prerequisite for any order from the Customer on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as his first and last name, his email address, his postal address, this list not being exhaustive. In this respect, the Customer undertakes to provide accurate information. The Customer is responsible for updating his data.He must therefore notify the Seller without delay in the event of a change.The Customer is solely responsible for the truthfulness, accuracy and relevance of the data provided.
Customers registered on the Site can access it by logging in using their identifiers (e-mail address defined at the time of registration and password) or possibly by using systems such as third-party connection buttons on social networks. The Customer is entirely responsible for protecting the password he/she has chosen. He is encouraged to use complex passwords. If the Customer forgets his password, he can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the Customer shall therefore refrain from transmitting or communicating it to a third party. Failing this, the Seller shall not be held responsible for any unauthorised access to a Customer's account.
The customer account allows the Customer to consult all his orders made on the Site. If the data contained in the customer account section were to disappear as a result of a technical failure or a case of force majeure, the Seller shall not be held liable, as this information has no evidential value but is solely for information purposes. The pages relating to the customer account are freely printable by the Customer who holds the account in question, but they do not constitute proof, they are only informative and are intended to ensure the efficient management of his orders or contributions by the Customer.
Each Customer is free to close his account on the Site. To do this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of his data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GTCs (in particular, and without this example being exhaustive, when the Customer has knowingly provided erroneous information when registering and setting up his personal space) or any account that has been inactive for at least one year. Such deletion shall not constitute a loss for the Customer who shall not be entitled to claim any compensation as a result.This exclusion is not exclusive of the possibility for the Seller to take legal action against the Customer, when the facts justify it.
The User undertakes to use the Software Solutions in compliance with the law and in accordance with TextFocus.net's recommendations, of which the User acknowledges having taken cognizance, unless the User loses the benefit of this Agreement. It is committed in particular to a use by a natural person.Any automated use of the Services is strictly forbidden, unless otherwise stipulated in the subscribed Offer (API).
The User must inform the Service Provider in writing of any anomaly observed and this in an explicit way, within fifteen (15) days.
The User is exclusively responsible for the use, management and control of the use of the programs.The User shall indemnify TextFocus.net against any claims that the latter may have against the User as a result of the User's use of the Services.
The price of the Services depends on the Package subscribed by the User.
The price does not include the cost of telecommunications and Internet access to use the Software Solutions.The choice of the operator and the network providers remains the responsibility of the User.
In case of ordering specific Services, the User shall send a detailed order to TextFocus.net for which TextFocus.net shall prepare a quotation.The contract will be formed between the parties by the User's acceptance of the quotation.
The customer service of this Site is accessible by e-mail at the following address: contact@textfocus.net or by post at the address indicated in the legal notice.
The TextFocus.net website shall not be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. Concerning the purchased Services, the Seller shall not be liable for any indirect damage, operating loss, loss of profit, damage or expenses that may occur.
The choice and purchase of a Service are the sole responsibility of the Customer.
The customer expressly admits using the site at his own risk and under his exclusive responsibility.The Site provides the Customer with information for information purposes, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist.In any case, TextFocus.net will not be held responsible:
All materials on this Site are owned by the Seller or a third party agent, or are used by the Seller with the permission of their owners.
Any reproduction, representation, adaptation of the logos, textual, pictographic or video contents, without this list being restrictive, is strictly forbidden and is considered as counterfeiting.
Any Customer who is guilty of infringement may have his account deleted without notice or compensation and without this deletion constituting damage to him, without prejudice to any subsequent legal proceedings against him, at the initiative of the Seller or his agent.
The trademarks and logos contained in the Site may be registered by TextFocus.net, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and rebroadcasts incurs the sanctions provided for in articles L.713-2 and following of the Code of the intellectual property.
If any provision of the T&Cs shall be deemed unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of any remaining provisions.
These GTC supersede all prior or contemporaneous written or oral agreements.The GTC are not assignable, transferable or sub-licensable by the Customer himself.
A printed version of the GTC and of all notices given in electronic form may be requested in legal or administrative proceedings relating to the GTC.The parties agree that all correspondence relating to these GTCs shall be in the French language.
These GTC are governed by and subject to French law.
Except for provisions of public order, all disputes which could arise within the framework of the execution of the present GTC could before any legal action be subjected to the appreciation of the Editor of the Site with a view to a friendly settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal actions.Unless otherwise provided by public policy, any legal action relating to the execution of these GTC shall be subject to the jurisdiction of the courts of the place of residence of the defendant.
According to Article L152-1 of the Consumer Code, it is recalled that "every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the professional shall guarantee the consumer effective recourse to a consumer mediation scheme".
In this respect, TextFocus.net offers to its Consumer Clients, in the event of disputes which have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows
It is reminded that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts.