Terms and Conditions

Terms & Conditions

ARTICLE 1 – Scope 

These General Terms and Conditions of Sale (known as “GTC”) apply, without restriction or reservation to any purchase of the following services: 

• Subscription for maintenance and site editions under Worpdress.          

as offered by the Service Provider to non-professional customers (“The Customers or the Customer”) on the site https://wpress.club/ .

The main characteristics of the Services are presented on the website https://wpress.club/.

The Customer is required to read it before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer. 

These T & Cs are accessible at any time on the https://wpress.club/ site and will prevail over any other document.

The Customer declares to have read these T & Cs and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure for the https://wpress.club/ site .

Unless proven otherwise, the data recorded in the IT system of the Service Provider constitutes proof of all transactions concluded with the Customer. 

The contact details of the Service Provider are as follows:

Tristan Bance, Micro Enterprise

Share capital of 3000 euros

Registered with the Rouen RCS, under number 818 181 422

20 Rue de Verdun 76160 Darnétal

mail: tristan@wpress.club

phone: 06 50 23 00 26 

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and are the sole responsibility of the Customer.

ARTICLE 2 – Price 

The Services are provided at the current prices appearing on the site https://wpress.club/ , when the order is registered by the Service Provider.

The prices are expressed in Euros, HT and TTC.

The prices take into account any reductions that would be granted by the Service Provider on the site https://wpress.club/ .

These prices are firm and not subject to revision during their period of validity, but the Service Provider reserves the right, outside the period of validity, to modify the prices at any time.

The prices do not include the costs of processing, shipping, transport and delivery, which are billed 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 established by the Service Provider and given to the Customer when the Services ordered are provided.

ARTICLE 3 – Orders

It is up to the Customer to select on the site https://wpress.club/ the Services he wishes to order, according to the following modalities:

The customer enters his website and some details on his site, he chooses his subscription online and validates his basket by completing the information necessary for payment. .

The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any errors.

Any order placed on the site https://wpress.club/ constitutes the formation of a contract concluded at a distance between the Customer and the Service Provider.

The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be able to follow the progress of his order on the site.

The placing of an order on the site https://wpress.club/ implies the conclusion of a contract of a minimum duration of 1 month renewable for the same duration by tacit agreement.

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 period with a tacit renewal clause, the professional service provider informs the consumer in writing, by name letter or dedicated 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 which he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in a box apparent, 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 from the date of renewal.

Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, are in this case reimbursed within thirty days of the date of termination. , after deduction of the sums corresponding, up to this, to the execution of the contract. The provisions of this article apply without prejudice to those which legally subject certain contracts to specific rules concerning consumer information. “

Article L215-2 of the Consumer Code excludes the application of Article L215-1 to operators of drinking water and sanitation services, unlike Article L215-3 of the Consumer Code. , provides that these rules are applicable to contracts concluded between professionals and non-professionals.

Article L241-3 of the sanctions the professional who would not have proceeded to the refunds under the conditions provided for in article L 215-1 of the Consumer Code “ 

ARTICLE 4 – Payment terms 

The price is paid by secure payment, according to the following terms:

• payment by credit card          

The price is payable in cash by the Customer, in full on the day the order is placed. 

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the site https://wpress.club/.

Payments made by the Customer will only be considered final after actual receipt of the sums due by the Service Provider.

The Service Provider will not be required to provide the Services ordered by the Customer if the latter does not pay him the full price under the conditions indicated above.

ARTICLE 5 – Provision of Services

The Services ordered by the Customer will be provided in the following terms:

The service is provided for a WordPress site within 24 hours of ordering via email exchanges or via a platform. .

Said Services will be provided within a maximum of 24 hours from the final validation of the Customer’s order, under the conditions provided for in these GTC at the address indicated by the Customer when ordering on the site https: // wpress .club / .

The Service 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 deadlines specified above. 

If the Services ordered have not been provided within 48 hours after the indicative date of supply, for any reason other than force majeure or the Customer’s fault, the sale of the Services may be canceled at the Customer’s written request. under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or withholding.

In the event of a specific request from the Customer concerning the conditions of provision of the Services, duly accepted in writing by the Service Provider, the related costs will be the subject of a subsequent specific additional billing.

In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, they will be deemed to comply with the order, in quantity and quality.

The Customer will have a period of 10 days from the provision of the Services to submit complaints by email to tristan@wpress.club, with all the relevant supporting documents, to the Service Provider.

No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.

The Service Provider will reimburse or rectify as soon as possible and at its expense the Services for which the lack of conformity has been duly proven by the Customer.

ARTICLE 6 – Right of withdrawal 

According to the terms of article L221-18 of the Consumer Code “ The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a direct telephone call or outside establishment, without having to justify its decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.

The period mentioned in the first paragraph begins on the day of:

1 ° From the conclusion of the contract, for service provision contracts and those mentioned in Article L. 221-4;

2 ° Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.

In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period starts from receipt. of the last good or lot or of the last part.

For contracts providing for the regular delivery of goods during a defined period, the period starts from the receipt of the first good. 

The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the desire to withdraw and in particular by mail addressed to the Service Provider at the postal or email address indicated in ARTICLE 1 of these GTC.

In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Services ordered will be reimbursed.

The reimbursement of sums actually paid by the Customer will be made within 14 days of receipt by the Service Provider of the Customer’s notification of withdrawal.

ARTICLE 7 – Responsibility of the Service Provider – Guarantees 

The Service Provider guarantees, in accordance with the legal provisions and without additional payment, the Customer, against any lack of conformity or hidden defect, resulting from a design or production defect of the Services ordered 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 required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. “

Article L217-5 of the Consumer Code

“The good conforms to the contract:

1 ° If it is suitable for the use usually expected of a similar good and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the latter 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, the producer or his representative, in particular in advertising or labeling;

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. “

Article L217-12 of the Consumer Code

“Action resulting from lack of conformity lapses two years after delivery of the goods. “

Article L217-16 of the Consumer Code.

“When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, 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 buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. “

In order to assert his rights, the Customer must inform the Service Provider, in writing (email or letter), of the existence of defects or lack of conformity.

The Service Provider will reimburse or rectify or cause to be corrected (as far as possible) the services deemed to be defective as soon as possible and at the latest within 30 days of the Service Provider finding out about the defect or vice. This reimbursement can be made by bank transfer or check.

The Provider’s guarantee is limited to the reimbursement of the Services actually paid for by the Customer.

The Service Provider may not be considered liable or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.

The Services provided through the Provider’s site comply with the regulations in force in France. The Provider cannot be held liable in the event 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 Services requested, to verify.

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 Service Provider. These personal data are collected only for the execution of the contract for the provision of services.

9.1 Collection of personal data

The personal data collected on the site https://wpress.club/ are as follows:

Order of Services:

When ordering Services by the Customer:

Name, first name, email address, company and website.

Payment

As part of the payment for the Services offered on the site https://wpress.club/, this site records financial data relating to the bank account or credit card of the Client / user. 

8.2 Recipients of personal data 

Personal data is reserved for the sole use of the Service Provider and its employees. 

The data controller is the Service Provider, within the meaning of the Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.

8.4 restriction of processing

Unless the Customer expresses his express consent, his personal data is not used for advertising or marketing purposes.

8.5 Data retention period

The Service Provider will keep the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.

8.6 Security and confidentiality

The Service Provider implements organizational, technical, software and physical measures in digital security 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.

8.7 Implementation of the rights of Customers and users

In application of the regulations applicable to personal data, Customers and users of the https://wpress.club/ site have the following rights:

• They can update or delete the data concerning them as follows:          

Write an email to tristan@wpress.club.

• They can delete their account by writing to the email address indicated in article 9.3 “Data controller”          

• They can exercise their right of access to know their personal data by writing to the address indicated in article 9.3 “Data controller”         

• If the personal data held by the Service Provider are inaccurate, they can request the updating of the information of the information by writing to the address indicated in article 9.3 “Data Controller”         

• They can 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 can also request the portability of data held by the Service Provider to another service provider          

• Finally, they can oppose the processing of their data by the Service Provider          

These rights, as long as they are not opposed to the purpose of the processing, can be exercised by sending a request by mail or by e-mail to the Data Controller whose contact details are indicated above.

The data controller must provide a response within a maximum of one month.

In case of refusal to grant the Customer’s request, the latter must be motivated.

The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.

The Customer may be invited to tick a box under which he agrees to receive informative and advertising emails from the Service Provider. He will always have the possibility to withdraw his agreement 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 https://wpress.club/ site is the property of the Seller 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 prohibited and is liable to constitute an offense of counterfeiting.

ARTICLE 10 – Applicable law – Language 

These T & Cs and the operations resulting from them are governed and subject to French law.

These T & Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

ARTICLE 11 – Disputes 

For any complaint, please contact customer service at the postal or e-mail address of the Service Provider indicated in ARTICLE 1 of these T & Cs.

The Client is informed that he may in any event have recourse to conventional mediation, to existing sectoral mediation bodies or to any alternative method of settling disputes (conciliation, for example) in the event of a dispute.

The Client is also informed that he can also use the Online Dispute Resolution (ODR) platform: https: //webgate.ec.europa.eu/odr/main/index.cfm? Event = main.home .show

All disputes to which the purchase and sale transactions concluded in application of these GTC and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common. 

APPENDIX I 

Withdrawal form 

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://wpress.club/ except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

For the attention of Micro Entreprise, Tristan Bance

20 Rue de Verdun 76160 Darnétal

I hereby notify the withdrawal of the contract relating to the order for the provision of the service below:

– Order from (indicate date)

– Order number: …………………………………….. ……………

– Client name : ……………………………………… …………………………

– Customer’s address: ……………………………………… ……………………..

Signature of the Client (only if this form is notified on paper)

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