These General Terms of Sale ("CGU") apply, without restriction or reservation, to any purchase of the following services:
as offered by the Provider to non-professional clients ("Clients or Client") on the website https://www.clemz.app.
The main features of the Services are presented on the website https://www.clemz.app.
The Client must read them before placing any order. The choice and purchase of a Service is the sole responsibility of the Client.
These CGU are accessible at any time on the website https://www.clemz.app and will prevail over any other document.
The Client declares having read these CGU and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website https://www.clemz.app.
Unless proven otherwise, the data recorded in the Provider's computer system constitutes proof of all transactions concluded with the Client.
The Provider's contact details are as follows:
Customs duties or other local taxes or import duties or state taxes may be required. They will be the responsibility and are the sole responsibility of the Client.
Services are provided at the rates in effect listed on the website https://www.clemz.app, when the order is registered by the Provider.
Prices are expressed in Euros, excluding and including tax.
Rates take into account any discounts granted by the Provider on the website https://www.clemz.app.
These rates are firm and non-revisable during their validity period, but the Provider reserves the right, outside the validity period, to change prices at any time.
Prices do not include processing, shipping, transport, and delivery fees, which are charged extra, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Client corresponds to the total purchase amount, including these fees.
An invoice is issued by the Provider and accessible by the Client in their personal space as soon as the ordered Services are provided.
It is up to the Client to select on the website https://www.clemz.app the Services they wish to order, as follows:
The sale will only be considered valid after full payment of the price. The Client must check the accuracy of the order and immediately report any errors.
Any order placed on the website https://www.clemz.app constitutes the formation of a distance contract between the Client and the Provider.
The Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding payment of a previous order.
The Client can track the progress of their order on the website.
Placing an order on the website https://www.clemz.app implies the conclusion of a contract for a minimum duration of one month, renewable for the same duration by tacit renewal.
Under Article L 215 -1 of the Consumer Code, reproduced below:
'For service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by personalized letter or dedicated email, at the earliest three months and at the latest one month before the end of the period authorizing rejection of renewal, of the possibility not to renew the contract concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in a prominent box, the deadline for non-renewal.'
When this information has not been sent 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, for contracts of indefinite duration, after the date of transformation of the initial fixed-term contract, are in this case reimbursed within thirty days from the date of termination, less amounts corresponding, up to that date, to the performance of the contract. The provisions of this article apply without prejudice to those that legally subject certain contracts to special rules regarding consumer information.
Article L215-2 of the Consumer Code excludes the application of Article L215-1 to operators of drinking water and sanitation services, whereas Article L215-3 of the Consumer Code provides that these rules apply to contracts concluded between professionals and non-professionals.
Article L241-3 penalizes the professional who has not made refunds under the conditions provided for in Article L 215-1 of the Consumer Code'
The price is paid by secure payment, as follows:
The price is payable in full by the Client on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider for banking transactions carried out on the website https://www.clemz.app.
Payments made by the Client will only be considered final after actual receipt of the amounts due by the Provider.
The Provider will not be required to provide the Services ordered by the Client if the Client does not pay the full price under the conditions indicated above.
Services ordered by the Client will be provided as follows:
Services will be provided within a maximum of 24 hours after subscription, from the final validation of the Client's order, under the conditions provided in these CGU at the address indicated by the Client when ordering on the website https://www.clemz.app.
The Provider undertakes to make its best efforts to provide the Services ordered by the Client, under a best-efforts obligation and within the timeframes specified above.
If the Services ordered have not been provided within the timeframes, the order may be canceled within 7 days after the indicative delivery date. For any reason other than force majeure or the Client's fault, the sale of Services may be terminated at the Client's written request under the conditions provided in Articles L216-2, L216-3, and L241-4 of the Consumer Code. Amounts paid by the Client will then be refunded no later than fourteen days after the date of termination of the contract, excluding any compensation or deduction.
If the Client makes a special request regarding the conditions of provision of Services, duly accepted in writing by the Provider, the related costs will be subject to a specific additional invoice later.
In the absence of express reservations or complaints made by the Client upon receipt of the Services, they will be deemed to comply with the order, in quantity and quality.
The Client will have a period of 2 weeks from the provision of the Services to make complaints by email to bonjour@clemz.app, with all supporting documents, to the Provider.
No complaint will be validly accepted if these formalities and deadlines are not respected by the Client.
The Provider will refund or rectify as soon as possible and at its own expense the Services whose lack of conformity has been duly proven by the Client.
According to the terms of Article L221-18 of the Consumer Code 'For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.''
The right of withdrawal may be exercised online, using the withdrawal form attached and also available on the website, or any other unambiguous statement expressing the wish to withdraw, including by postal mail sent to the Provider at the postal or email address indicated in ARTICLE 1 of these CGU.
In case of exercise of the right of withdrawal within the above period, only the price of the Services ordered is refunded.
The refund of amounts actually paid by the Client will be made within 14 days from receipt by the Provider of the Client's notification of withdrawal.
The Provider guarantees, in accordance with legal provisions and at no additional cost, the Client, against any lack of conformity or hidden defect, resulting from a design or realization defect of the Services ordered under the following conditions and terms:
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. He is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when these have been made his responsibility by the contract or have 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 use usually expected of such a good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, producer, or representative, especially in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is fit for any special use sought by the buyer, brought to the seller's attention and accepted by him.''
Article L217-12 of the Consumer Code
'The action resulting from lack of conformity is time-barred two years from delivery of the good.''
Article L217-16 of the Consumer Code.
'When the buyer requests from the seller, during the course of the commercial guarantee granted to him at the time of acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee remaining to run. This period runs from the buyer's request for intervention or the provision for repair of the good in question, if this provision is later than the request for intervention.''
To assert his rights, the Client must inform the Provider, in writing (email or letter), of the existence of defects or lack of conformity.
The Provider will refund or rectify or have rectified (as far as possible) the services deemed defective as soon as possible and at the latest within the week following the Provider's finding of the defect or fault. This refund may be made by bank transfer or check.
The Provider's guarantee is limited to the refund of Services actually paid for by the Client.
The Provider cannot be considered responsible or at fault for any delay or non-performance resulting from the occurrence of a force majeure event usually recognized by French case law.
Services provided through the website https://www.clemz.app of the Provider comply with current regulations in France. The Provider's liability cannot be engaged in case of non-compliance with the legislation of the country in which the Services are provided, which is the sole responsibility of the Client, who is solely responsible for the choice of Services requested.
The Client is informed that the collection of their personal data is necessary for the sale of Services and their realization and delivery, as well as their transmission to third parties involved in the provision of Services. These personal data are collected only for the execution of the service contract.
8.1 Collection of personal data
The personal data collected on the website https://www.clemz.app are as follows:
Account opening
When creating a Client / user account:
Payment
For payment of Services offered on the website https://www.clemz.app, it records financial data relating to the Client / user's bank account or credit card.
8.2 Recipients of personal data
Personal data are reserved for the exclusive use of the Provider and its employees.
The data controller is the Provider, within the meaning of the Data Protection Act and, from May 25, 2018, Regulation 2016/679 on the protection of personal data.
8.4 Limitation of processing
Unless the Client gives express consent, their personal data are not used for advertising or marketing purposes.
8.5 Data retention period
The Provider will retain the data thus collected for a period of 10 years, covering the time of the applicable contractual civil liability limitation period.
8.6 Security and confidentiality
The Provider implements organizational, technical, software, and physical 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 Provider cannot guarantee the security of the transmission or storage of information on the Internet.
8.7 Implementation of Clients' and users' rights
These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or email (bonjour@clemz.app).
The data controller must respond within a maximum period of one month.
In case of refusal to grant the Client's request, the refusal must be justified.
The Client is informed that in case of refusal, they may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or take legal action.
The Client may be invited to check a box by which they agree to receive informational and advertising emails from the Provider. They may withdraw their consent at any time by contacting the Provider (bonjour@clemz.app) or by following the unsubscribe link.
The content of the website https://www.clemz.app 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 may constitute an infringement.
These CGU and the operations resulting from them are governed and subject to French law.
These CGU are written in French. If they are translated into one or more foreign languages, only the French text will prevail in case of dispute.
For any complaint, please contact customer service at the postal or email address of the Provider indicated in ARTICLE 1 of these CGU.
The Client is informed that they may resort to conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.
In this case, the designated mediator is:
The Client may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from purchase and sale operations concluded under these CGU and not settled amicably between the seller or by mediation will be submitted to the competent courts under common law conditions.
Date: ..................................................
This form must be completed and returned only if the Client wishes to withdraw from the order placed on https://www.clemz.app except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms of Sale.
To: www.clemz.app (34000 Montpellier)
I hereby notify the withdrawal from the contract for the service order below: