1. PURPOSE OF THE GENERAL CONDITIONS OF SALE
The present general conditions of sale (hereafter the "GCS") are intended to define the conditions under which IPSUM, a simplified joint stock company with capital of 50000 euros, whose head office is located at 23 cours Edouard Vaillant, 33300 Bordeaux, France, registered at the Bordeaux company and commercial register under number 838 587 996, provides a geolocation service (hereafter the "Geolocation Service") via its Internet site http://www.spytool.pro (hereafter the "Site") to any private individual who acts for purposes that do not come within the context of his/her professional activity (hereafter the "Customer").
The present GCS supplement the General Conditions of Use of the Site (hereafter the "GCU"), which are accessible here: http://www.spytool.pro/en/general-conditions-of-use.
2. EXTENT AND ACCEPTANCE OF THE GCS
2.1. Extent of the GCS
The GCS exclusively govern the supply of the Geolocation Service to the Customer.
The GCS, together with the order for the Geolocation Service given by the Customer (hereafter the "Order") and the GCU, constitute the contractual documents that are binding upon the parties, excluding all other documents, which are for guidance only.
2.2. Acceptance and enforceability of the GCS
The GCS are provided to the Customer on the Site, where they may be directly consulted and downloaded in PDF format so that they can be read, printed and saved.
The GCS are binding upon the Customer, who recognises, by checking a box provided for this purpose, having read them and accepted them before giving the Order. The acceptance of the GCS by the Customer is formalised when, during the completion of the Order form, he/she checks the box "I recognise having read and accepted the present general conditions of sale".
The validation of the Order by its confirmation serves as acceptance by the Customer of the GCS in force on the day of the Order, for which the retention and reproduction are the responsibility of IPSUM.
IPSUM reserves the right to modify its GCS at any time. In case of modification of the GCS, the applicable GCS are those in force on the date of the Customer's Order.
3. CREATION OF A PERSONAL ACCOUNT
By subscribing to the Geolocation Service, the Customer accepts that a Personal Account (hereafter the "Personal Account") will be immediately created. The Customer guarantees the accuracy of the information provided.
Simultaneously to the subscription of the Geolocation Service, IPSUM sends to the Customer, at the email address entered, an identifier and a temporary password that the Customer may change upon first connection to his/her Personal Account.
4. GEOLOCATION SERVICE
To use the Geolocation Service, the Customer completes the geolocation form, giving the portable telephone number of the natural person that he/she wishes to geo-locate (hereafter the "Addressee"), as well as his/her email address.
Once the Order has been validated, an SMS is sent to the Addressee (hereafter the "SMS"). The SMS states "A person wishes to locate you".
For the Customer to be informed of the geolocation of the Addressee, the Addressee must accept the request for geolocation (hereafter the "Request") by clicking on the hypertext link to the GCU of the Site which is inserted in the SMS and accepting them after having read them.
The Customer expressly recognises that the geolocation of the Addressee may only occur after the Addressee has given his/her consent to the Request.
The Customer recognises that if the Addressee refuses the Request, IPSUM will not incur any liability and no claim may be made by the Customer.
The Customer expressly agrees to pay the price of the Geolocation Service according to the following conditions:
- The first week of use of the Geolocation Service is invoiced at $1 US including tax and enables the Customer to test the service.
- At the end of a period of 7 days from the first subscription to the Geolocation Service, the Customer is automatically subscribed to the Geolocation Service for an amount of $29.90 US including all tax per month. Each month, the Customer may then send 30 Requests for geolocation to Addressees of his/her choice.
Following the first week of use, and if there is no prior request to unsubscribe from the Customer, the subscription price for the Geolocation Service is automatically deducted every month from the bank account that was used to pay for the Geolocation Service.
At any time during the first week of use or during his/her subscription, the Customer may unsubscribe on the following link: http://www.spytool.pro/en/unsubscribe
The contract is composed of the GCS, the GCU, the Order and the invoice (hereafter the "Contract"). The Contract is formed at the time of validation of payment by the Customer.
IPSUM archives the Order and the invoices of Customers on reliable and long-lasting media. Copies of Orders and invoices are communicated to Customers who request them.
To give an Order, the Customer completes the form, specifying the telephone number of the Addressee that he/she wishes to geo-locate, then clicks on the button "Obtain the position of the telephone".
The Customer then provides the information relative to the means of payment.
From this stage, the Customer creates a Personal Account. The Customer guarantees the accuracy, truthfulness and reliability of the information entered. Prior to his/her Order, the Customer guarantees that he/she is an adult, capable and, in particular, is authorised to use the means of payment that he/she will use for paying for his/her Order.
The Customer then displays the Order and validates it by clicking on the box "Order with obligation for payment" on the form. The Customer declares that he/she has read and accepted the GCS before giving the Order. Confirmation of the Order consequently requires unreserved acceptance of the GCS.
The Customer recognises that validating the Order implies the obligation incumbent upon him/her to pay the price of the Geolocation Service according to the procedures specified in Article 5 of the GCS.
The Order is only definitive from validation of payment of the price according to the payment mode accepted by IPSUM and mentioned in Article 8 below.
All Orders given by the Customer on the Site are immediately confirmed in writing by IPSUM, sent by email to the customer containing a summary of the information for the Order and the applicable GCS in PDF format.
The Contract can be downloaded by the Customer from his/her Personal Account or can be requested by letter or email to IPSUM.
Payment of the price of the Geolocation Service ordered on the Site is done in euros by bank card (Visa, MasterCard).
The Site has a secure online payment system enabling the Customer to encrypt the transmission of his/her bank data. Payment by bank card online on the Site is via the secure bank server of Crédit Mutuel Arkéa.
9. RIGHT TO RETRACT
In accordance with articles L. 221-18 and following of the French Consumer Code, the Customer has, in principle, a right to retract lasting 14 days. However, by confirming his/her Order, the Customer expressly recognises that the Geolocation Service is immediately implemented and that he/she therefore does not benefit from the said right to retract.
10.1. Termination at the initiative of the Customer
At any time during the first week of use or after the first week of use during his/her subscription, the Customer may unsubscribe on the following link: http://www.spytool.pro/en/unsubscribe
In case of termination at his/her initiative, the amount corresponding to the month that has been started will be fully debited and retained by IPSUM. Once the subscription has been cancelled, the Personal Account of the Customer is deactivated and the Customer can no longer use it to issue any new Request.
10.2. Termination at the initiative of IPSUM
In case of any breach by the Customer of the GCS or GCU, his/her Personal Account may be suspended as a precautionary measure then terminated as of right by IPSUM.
IPSUM may, in particular, suspend the Personal Account of the Customer during the period necessary to the checks carried out by customer services following a report.
Customers whose Personal Accounts are suspended will be informed by IPSUM through the dispatch of an email notification.
11. PERSONAL DATA
In accordance with the law n°78-17 (French data protection act) dated 6 January 1978, personal data relative to Customers may be subject to automated processing by IPSUM.
The processing of this data was the subject of a normal declaration to the French data-protection authority (CNIL) registered under number "2144466 v 0".
This personal data is used by IPSUM to enable it to process orders and manage relationships with its customers, as well as for commercial, statistical and marketing purposes.
The personal data collected when giving an Order is essential to its processing by IPSUM. Without it, the Order will not be able to be validated.
Any Customer may object to the disclosure of his/her data or exercise a right to access, rectify or delete this data, under the conditions specified by the law n°78-17 (French data protection act) dated 6 January 1978 by sending their requests to IPSUM by email at email@example.com or by letter to IPSUM – 23 cours Edouard Vaillant, 33300 Bordeaux, France.
The personal data may be communicated by IPSUM to third parties (commercial partners, service-providers or other member companies of the IPSUM Group) located in France, for the requirements of execution of Orders or for commercial purposes.
If the Customer does not want his/her personal data transmitted to third parties for commercial purposes, he/she should indicate this to IPSUM by email at firstname.lastname@example.org
IPSUM may also collect your browsing data using data-collection tools installed on the Site.
The liability of IPSUM may not be implicated in case of impossibility to comply with, or delay in execution of, any of its obligations arising from the present GCS due to the fault of the Customer, of a third party and/or in case of force majeure.
13. FORCE MAJEURE
Force majeure are those cases that are defined in article 1218 of the French Civil Code.
The parties agree that cases of force majeure justify the suspension of the obligations of the parties.
Consequently, none of the parties may be held liable for non-implementation, shortcomings or delays in the implementation of any of its obligations that may be due to the occurrence of a case of force majeure.
Force majeure suspends the obligations arising from the Contract during the entire period of its existence. However, if the force majeure lasts longer than three (3) months, the present contract may be terminated by either party without this termination being considered as wrongful and without either party being able to claim any compensation whatsoever.
The termination, in such a case, must be notified by registered letter with return receipt and will take effect from the date of reception of the said letter, or failing this, on the date of its initial presentation.
If one of the provisions of the GCS is considered to be null and void, the other provisions will remain in force.
15. APPLICABLE LAW
The present GCS and the Contract are subject to French law.
16. RESOLUTION OF DISPUTES
In case of any complaints, the Customer may contact the customer service department of IPSUM on email@example.com or by letter at IPSUM, 23 cours Edouard Vaillant, 33300 Bordeaux, France.
16.2. Mediation of consumer disputes
In accordance with the French Consumer Code concerning the amicable settlement of disputes, in case the outcome of the complaint is unsatisfactory or if no response is received from the customer service department of IPSUM within 7 days, the Customer may submit the dispute with IPSUM to the CMAP mediator – Consumer Mediation Service, 39, avenue F.D. Roosevelt 75 008 PARIS, who will independently and impartially try to bring the parties together with the aim of finding a negotiated solution.
To present a request for mediation, the Customer has a complaint form accessible on the mediator's Internet site: http://www.cmap.fr/
In accordance with the provisions of articles L 611-1 and R 612-1 and following of the Consumer Code concerning the amicable settlement of disputes: when the consumer has sent a written complaint to the professional and he has not obtained satisfaction or reply within two months, he may submit his complaint to the consumer ombudsman free of charge. The ombudsman must be seized within a maximum of one year from the initial claim.
The mediator is MEDIATION-NET. It can be entered directly online at the following address: www.mediation-net-consommation.com - or by mail MEDIATION-NET - 34, rue des Épinettes - 75017 PARIS
16.3. Competent court
In case of any dispute, the competent court may be that of the domicile of the defendant or the place of implementation of the Geolocation Service, subject to a specific assignment of jurisdiction arising from a specific law or regulation.
General conditions of sale
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