Between the mawey.fr site hereinafter the "Service Provider" on the one hand. And the natural or legal person purchasing the company's products or services, hereinafter, "the Buyer", or "the Customer", on the other hand.
Article 1: General
These General Conditions of Sale, hereinafter referred to as GTC, constitute the agreement governing, during its term, the relations between Mawey.fr and its customers in the context of the sale of products and services. In the absence of a contract concluded between the service provider and his client, the services provided are subject to the GTC described below. Any order placed as well as any contract concluded with Mawey.fr implies the customer's full and unreserved acceptance of these T & Cs. The fact that the service provider does not implement one or the other clause established in its favor in these conditions cannot be interpreted as a waiver on its part to invoke it. These General Conditions of Sale (GTC) apply to all sales of products or services, made by the Service Provider, which are an integral part of the Contract between the Customer and the Service Provider. The Service Provider reserves the right to modify these conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) for the order. These T & Cs can be viewed on the Company's website at the following address: https://mawey.fr/fr/cgv The Customer declares to have read all of these General Terms and Conditions of Sale, and where applicable the Special Conditions of Sale linked to a product or a service, and accept them without restriction or reservation. The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Nature of the services
The Service Provider offers a subscription service to online publications (photos and videos) accessible from its website (http://www.mawey.fr). The list and description of the goods and services offered by the Service Provider can be viewed on the aforementioned site.
Article 3: Price
The prices of the services are those detailed in the quotes or contracts, accepted by the customer or by default those indicated on the website on the product description pages. They are expressed in euros and are not subject to VAT (art. 293 B of the CGI). The Service Provider reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Customer. If applicable, also the delivery costs.
Article 4: Quotation and order
The Customer will have to follow a series of steps specific to each Product offered by the Seller to be able to place his order. However, the steps described below are systematic: Information on the essential characteristics of the Product; Registration on the Product Choice site, where applicable of its options and indication of the Customer's essential data (identification, address, etc.); Acceptance of these General Conditions of Sale. Verification of the elements of the order and, if necessary, correction of errors. Follow-up of the instructions for the payment, and payment of the products via the Stripe or Paypal payment platform. Product delivery. The Customer will then receive confirmation by email of payment for the order. For the purposes of successful completion of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide his true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the products, services and their respective prices are made available to the purchaser on the company's website. The customer certifies having received a breakdown of the costs as well as the terms of payment, delivery and performance of the contract. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company's website, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address).
5.1 Subscription
The mawey.fr.fr site offers its user, with free Internet access, access to information and services available at the time of connection. Mawey.fr supplements this site with subscription packages allowing the user differentiated access to information and services. These general conditions apply to all products marketed and services provided by Mawey.fr, whether these are purchased individually, by pack or by subscription. The various subscription and renewal offers are presented on the mawey.fr site, after connection, in the "User index" section, as well as the duration and conditions for renewing each subscription or renewal offer. These offers are offered within the limits of available stocks. The offers in force are those displayed on the Site on the day the order is registered, Mawey.fr reserving the right to modify them at any time. By purchasing products online, using the services offered, the customer declares to use the services of Mawey.fr in accordance with applicable law and these general conditions.
5.2 Terms of subscription
The contractual information is presented in French and will be the subject of a confirmation containing this contractual information at the time of the online purchase procedure. Mawey.fr reserves the right to cancel any order from a customer with whom there is a payment dispute relating to an offer marketed by Mawey.fr, without the latter being able to claim any compensation for any reason whatsoever. . The validation by the customer of his order implies acceptance of these general conditions, fully and without reservation. To validate his order, the customer must click on the button "Confirm my order". A confirmation will be sent to him by return to the e-mail address provided by the payment provider Stripe. This confirmation of subscription constitutes acceptance of the order by Mawey.fr, its full validation will take place after receipt of payment of the invoice or the deposit invoice, if applicable. The customer acknowledges that the data recorded on the Site constitutes proof of the transaction (type of subscription and date of subscription), and the data recorded by the payment system, proof of the financial transaction. Acceptance of cookies is essential for any purchase or subscription on the mawey.fr.fr site. All orders, whatever their origin, are payable in euros. Promotional offers are only valid for the period of validity of the offer concerned. Current promotions cannot be combined with each other. They cannot be exchanged for their monetary value or be reimbursed in part or in full. After the deadline indicated, the reduction will be definitively lost. The customer is solely responsible for the actual payment of the product purchased. Only the user is responsible for payment by credit card, check, or direct debit from a bank account for the service offered. Mawey.fr is not responsible for payment problems related to the operation of the e-commerce service. In case of rejection of the direct debit, Mawey.fr reserves the right to request payment of the amount due by any other means of payment. In the absence of effective payment within a maximum period of fifteen days from the date of its subscription, Mawey.fr will have the possibility of automatically terminating the order or the subscription taken out, without prejudice to its right to request the payment of its debt. for the past period. The customer acknowledges having to pay the full price and charges relating to the product purchased, including taxes.
Article 6: payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by credit card or bank transfer. Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or in the event that it is impossible to debit the card, the Sale is automatically terminated and the order canceled. The deposit and balance invoices are payable upon receipt. Payment is by check or bank transfer. No discount will be granted in the event of early payment. In the absence of any indication of a payment deadline on the invoices, the LME provides for the following conditions: Payments between professionals are capped by article L441-6 of the Commercial Code: "except as otherwise provided in the conditions of sale or agreed between the parties, the deadline for settling sums due is set at the thirtieth day following the date of receipt of the goods or of performance of the requested service. "
Article 7: Late payment
Any delay or default in payment will automatically result in: • The immediate enforceability of any sum remaining due, • The calculation and payment of a late payment penalty in the form of interest at a rate equivalent to three (3) times the legal interest rate (in force on the day of invoicing for the services, the legal interest rate is set at 0.93% for the year 2015 for information) • This penalty is calculated on the amount excluding tax of the sum remaining due, and runs from the day following the settlement date shown on the invoice, until full payment, without any reminder or prior formal notice being necessary. The applicable rate is calculated on a pro rata basis. • The right for the service provider to suspend the execution of the current service and to postpone any new order or delivery.
Article 8. Duration and termination
Termination of a subscription is possible at any time, unconditionally and without delay, the offers are non-binding. To do so, the customer must connect to the website using his username and password, go to the "Manage my subscription" section and click on the "Cancel" button. Cancellation is immediate, however no refund will be made for any remaining term. In the case of an order placed from the website following the process described in article 4.1 of the GTC, and in accordance with articles L121-21 et seq. Of the consumer code, you have a right of withdrawal which authorizes you to cancel your order. You can exercise this right of withdrawal within 14 (fourteen) clear days from the date of registration of your order and if no access to the service has taken place. If this period normally expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day. Cancellation of an order will result in cancellation of the subscription. In the event of withdrawal, you will be reimbursed only by transfer to your account of all the sums paid during the order via the card used during payment To cancel your order, please complete the contact form available on mawey.fr.fr in specifying the subject of your request. The duration of the services is defined in the description of the offer on the website or on the quote. Each of the parties may immediately terminate the contract in the event of cessation of activity by one of the parties, suspension of payment, receivership, judicial liquidation or any other situation producing the same effects after sending a formal notice addressed. to the receivership administrator (or liquidator) that has remained unanswered for over a month, in accordance with the legal provisions in force. In the event of the end of the term or the termination of the contract: • the service provision contract will automatically end on the corresponding date, • the service provider is released from its obligations relating to the subject of this contract on the date of termination or expiry of the contract, In the event of termination of the agreement by the customer, the sums corresponding to the services provided up to the effective date of the termination and not yet paid will be due by the customer.
Article 9: Complaints
If necessary, the Buyer can submit any complaint by contacting the company using the contact form on the mawey.fr website
Article 10: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the service provider. No assignment of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 11: Force majeure
The performance of the service provider's obligations under these terms is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 12: Nullity and modification of the contract
If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
Article 13: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the rights to query, access, modify, oppose and rectify your personal data. By adhering to these general conditions of sale, you agree that we collect and use this data for the performance of this contract. We monitor traffic on all of our sites.
Article 14: Responsibilities
Considering the nature of the services provided, the service provider's obligation is an obligation of means. The service provider undertakes to perform the services in accordance with the rules of the art and in the best way, under the terms and conditions of the agreement, as well as in compliance with the applicable legal and regulatory provisions. Where applicable, the customer undertakes to provide the service provider within the agreed timeframe with all the information and documents essential to the successful completion of the service as well as to a good understanding of the problems posed. The provider cannot be held liable for: an error caused by a lack of information or erroneous information provided by the customer, a delay caused by the customer which would make it impossible to meet the deadlines agreed or prescribed by law . the service provider cannot be held responsible for the lack of results obtained via the services and tools implemented for the customer, for any duration whatsoever. The provider's liability, if proven, will be limited to half of the total amount excluding tax actually paid by the customer for the service provided by the provider on the date of the complaint by registered letter with acknowledgment of receipt. Each party is responsible to the other for any breach of the obligations imposed on it.
Article 15: Obligations and confidentiality
The service provider agrees to: respect the strictest confidentiality regarding the information provided by the customer, and designated as such, sign a confidentiality agreement if the customer so wishes. The clauses of the contract signed between the parties are deemed confidential, and as such cannot be communicated to unauthorized third parties. The customer undertakes to: respect the dates and times of the appointments set for the proper functioning of the subscribed device: any action not honored but not canceled within the forty-eight (48) hours preceding the date of its completion remains due at service provider. The subsequent completion of this action will result in its payment in addition. make every effort to reschedule the actions canceled with the forty-eight (48) hours' notice mentioned within a timeframe consistent with the smooth running of the system. pay any service due within a maximum period of 30 days of receipt of the invoice
Article 16: applicable law
These GTC and any contracts signed between the parties are governed by French law. In the absence of an amicable resolution, any persistent dispute between the parties concerning the execution or interpretation of the GTC and the contract will fall within the jurisdiction of the courts chosen by the service provider.
