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I. About us The Dailycom Company (hereinafter the “Company”) is a SASU with a share capital of 7000, whose registered office is at Nantes – 44000 Nantes and registered with the Nantes Trade and Companies Register under number 828 148 262. The Company markets the following products to its Clients via its Website: PLUGIN WORDPRESS: Rank4Win.
The Company invites Users to read these General Terms and Conditions of Sale and Use (hereinafter the “GTC/UG”) carefully. Placing an Order implies acceptance of the GCS/CGU. The characteristics of the Products are indicated on the Website. It is up to the Customer to take them into account before purchasing. The photographs or graphics presented on the Website are not contractual.
The Customer acknowledges having read them and having accepted them by ticking the box provided for this purpose before placing his Order online.
The GCS/CGU govern the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Internet Site.
They apply to all sales concluded by the Company and apply to any contradictory document, in particular the Customer’s general terms and conditions of purchase.
They are systematically communicated to the Customer who requests them.
In the event of a subsequent modification of the GCS/CGU, the Customer is subject to the version in force at the time of his Order.
“Customer” refers to the Professional or Consumer having placed an Order for a Product sold on the Website;
“Order” means any order placed by the User registered on this Website;
“General Terms and Conditions of Sale and Use” or “GTC/UGC” refers to these general terms and conditions of use and online sales;
“Consumer” refers to the buyer who is a natural person and who is not acting for professional needs and/or outside his professional activity;
“Products” refers to the wordpress plugin “Rank4Win” which is the subject of an appropriation and which is offered for sale on this Site;
“Professional” means the buyer, whether a legal or natural person, who is acting within the framework of his or her professional activity;
“Site” refers to this website, i.e. www.rank4win.fr ;
“Company” refers to the Company Dailycom, more fully described in Article I hereof; and
“User” means any legal or natural person who uses this Site;
Registration to the Site is open to all legal entities or individuals who are of legal age and have full legal capacity and personality.
The use of the Site is conditional upon the registration of a User. Registration is free.
To proceed with registration, the User must fill in all the mandatory fields; otherwise registration cannot be completed.
Users guarantee and declare on their honour that all the information communicated on the Site, in particular at the time of their registration, is accurate and compliant. They undertake to update their personal information from the page dedicated to them and available in their account.
All registered Users have a login and a password. The latter are strictly personal and confidential and must not be communicated to third parties under penalty of deletion of the account of the registered User in breach. Each Registered User is personally responsible for maintaining the confidentiality of his or her login and password. The Company shall in no case be held responsible for the usurpation of a User’s identity. If a User suspects fraud at any time, he or she should contact the Company as soon as possible so that the Company can take the necessary measures and regularise the situation.
Each User, whether a legal entity or natural person, may only hold one account on the Site.
In the event of non-compliance with the GCS/CGU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the offending User.
The deletion of the account will result in the permanent loss of all benefits and services acquired on the Site. However, any Order placed and invoiced by the Site prior to the deletion of the account will be executed under normal conditions.
In the event of deletion of an account by the Company for failure to comply with the duties and obligations set forth in the GCS/CGU, it is strictly forbidden for the offending User to re-register on the Site directly, through another e-mail address or through an intermediary without the express authorization of the Company.
Any Order can only be placed once the User has registered on the Site. The User, when logged into his account, can add Products to his virtual basket. He or she can then access the summary of his or her virtual basket in order to confirm the Products he or she wishes to order and place his or her Order by pressing the “Order” button.
He will have to fill in an email address and a valid payment method in order to finalise the Order and effectively form the sales contract between him and the Company. Finalization of the Order implies acceptance of the prices of the Products sold, as well as the terms and delivery times electronically indicated on the Site.
Once the Order has been placed, the User will receive confirmation of the Order by e-mail. This confirmation will summarize the Order as well as the relevant delivery information. The placing of an Order constitutes the conclusion of a distance selling contract between the Company and the Client.
The Company may allow the Client to benefit from price reductions, discounts and rebates depending on the number of Products available on the Site ordered or depending on the regularity of the Orders, in accordance with the conditions set by the Company.
VI. Products and prices
The Products covered by the GCS/CGU are those that appear on the Site and that are sold and shipped electronically and directly by the Company.
The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale is made within the limits of the Company’s available stocks. The Company may not be held liable for stock shortages or the impossibility of selling a Product for which there is no stock.
When a Registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, excluding taxes (excluding VAT), excluding shipping costs and taking into account the applicable reductions in force on the day of the Order. If the total cost of the Products cannot be calculated in advance, the Company shall send the Client a detailed quotation setting out the formula for calculating the price.
Under no circumstances may a User require the application of discounts that are no longer in force on the date of the Order.
VII. Terms and conditions of payment
Unless otherwise stipulated, all sales are paid for in cash at the time the Order is placed.
Depending on the nature or amount of the Order, the Company shall remain free to require a down payment or payment of the full price when the Order is placed or when the invoice is received.
Payment may be made by :
– Credit card via a secure connection.
In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Professional Client shall pay the Company a late payment penalty at a rate equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points.
The financing operation selected shall be the most recent on the date of the Order for Services.
In addition to the late payment compensation, any sum, including the deposit, not paid by the Professional Client on the due date shall automatically give rise to the payment of a flat-rate compensation of 40 euros due for collection costs.
In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Consumer Client shall pay the Company a late payment penalty at a rate equal to the legal interest rate.
No compensation may be made by the Client between penalties for late delivery of the Products ordered and the sums owed by the Client to the Company for the purchase of Products offered on the Site.
The penalty owed by the Client, Professional or Consumer, is calculated on the amount including tax of the remaining sum due, and runs from the due date of the price without any prior formal notice being necessary.
The Products are delivered electronically exclusively in the following geographical areas:
– Metropolitan France, Corsica, Overseas.
On the European continent:
Electronic delivery in all European countries.
In North America :
Electronic delivery in all North American countries.
In South America :
Electronic delivery to all South American countries.
In Africa :
Electronic delivery to all African countries.
In Asia :
Electronic delivery to all Asian countries.
In Oceania :
Electronic delivery in all the countries of Oceania.
The Company undertakes to make every material and human effort to have the Products delivered electronically as soon as possible.
If the delivery deadline is exceeded by more than 10, except in cases of force majeure, the Client may request the termination of the contract by registered letter with acknowledgement of receipt, after having instructed the Company, in the same manner, to make the electronic delivery within a reasonable additional period of time, and if the Company has not done so.
In this case, the Client will be reimbursed within 30 days if payment has already been made.
In the event that electronic delivery is impossible due to an error in the email address provided by the Client, the Company will contact the Client as soon as possible in order to obtain a new delivery email address and any additional delivery costs will be charged to the Client.
Moreover, the Company cannot be held liable for reasons related to the exceeding of electronic delivery times:
– in periods of high demand,
– for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control.
For all Orders placed on this Site, the Customer has a right of complaint within 7 days of delivery of the Product. In the absence of reservations expressly made at the time of electronic delivery, the Products shall be deemed to conform to the Order.
To exercise this right of complaint, the Customer must send the Company, at the address email@example.com, a statement in which he expresses his reservations and complaints, accompanied by the relevant supporting documents (screenshot, photographs, etc.).
A claim that does not comply with the conditions described above will not be accepted.
The Company will repair, replace or reimburse the Product as soon as possible and at its expense, subject to the technological possibility of repairing the Product or its availability in stock.
X. Consumer’s Right of Withdrawal
The Consumer has a right of withdrawal for 14 days from the date of placing the Order, except for the products mentioned in Article L.121-21-8 of the Consumer Code.
To exercise this right of withdrawal, the Consumer uses the “Withdrawal Form” provided for this purpose on the Site.
The Products must no longer be used as from the notification of the withdrawal to the Company by the Consumer.
The Consumer shall be reimbursed for the totality of the fees paid for placing the Order within 14 days following the Company’s acknowledgement of his/her declaration of withdrawal.
Reimbursement shall be made by the same means of payment as that used for the purchase.
XI. Transfer of risks and ownership
The Company retains ownership of the Products sold. It may therefore repossess the said Products in the event of non-payment. In this case, the down payments made will remain the property of the Company as compensation.
For Professional Customers, the transfer of risks to the Customer occurs as soon as the Company hands over the goods to the carrier. For Consumer Clients, the transfer of risks takes place upon electronic delivery.
The Company reserves the right to modify the Site, the GCS/CGU as well as any delivery procedure or other constituent element of the services provided by the Company through this Site.
When an Order is placed, the User is subject to the provisions set out in the GCS/CGU in force at the time the Order is placed.
XIII. Information Technology and Freedoms
In accordance with the law of January 6, 1978, the personal data requested from the Customer is strictly necessary for the processing of his Order.
They may be communicated to the partners in charge of the execution of the Orders. The User may therefore receive information or commercial offers from the Company or its partners.
This data processing has been declared to the CNIL.
In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and oppose all personal data at any time by writing to the following address: firstname.lastname@example.org, providing proof of identity. The User may at any time oppose the receipt of commercial offers, by writing to the address indicated above, or by clicking on the link provided for this purpose within the emails received.
To enable its Users to benefit from optimal browsing on the Site and better operation of the various interfaces and applications, the Company may install a cookie on the User’s computer. This cookie makes it possible to store information relating to browsing on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorises the Company to deposit a file known as a “cookie” on the User’s hard disk.
The User has the possibility of blocking, modifying the storage period, or deleting this cookie via the interface of his browser. If the systematic deactivation of cookies on the User’s browser prevents the User from using certain services or features of the Site, this malfunction shall under no circumstances constitute a damage for the member, who may not claim any compensation for this fact.
The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Website and although it is making every effort to ensure that the service is always available, it is possible that it may be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Website unavailable in order to carry out any update, improvement or maintenance operation.
As previously mentioned herein, the Company cannot be held responsible for delays in electronic delivery for reasons beyond its control, beyond its control, unpredictable and irresistible or for which it cannot be held responsible.
XV. Intellectual Property
The trademark, logo and graphic charter of this Site are trademarks registered with the INPI and intellectual works protected by copyright, the ownership of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorisation of the Company will expose the offender to civil and criminal prosecution.
XVI. Clause conferring jurisdiction
The law governing the GCS/CGU is French law. Any dispute that may arise between the Company and a User during the execution of the present terms and conditions shall be subject to an attempt at amicable resolution. Failing this, disputes will be brought to the attention of the competent courts of common law.
XVII. Acceptance of the GCS/CGU
The Customer or User expressly accepts the GTC/UGC.
The Customer declares that he is aware of them and waives the right to rely on any other document, in particular his own general terms and conditions of purchase.
The Consumer acknowledges having had knowledge of the information and information provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular :
– the essential characteristics of the Product ;
– the price of the Products;
– the date or the deadline by which the Company undertakes to provide the Service;
– information relating to the identity of the Company (postal, telephone and electronic contact details);
– information relating to the legal and contractual guarantees and their terms and conditions of implementation;
– the possibility of resorting to conventional mediation in the event of a dispute;
– information relating to the right of withdrawal (deadline, procedures for exercising this right).