GENERAL CONDITIONS OF USE AND SALE OF THE SITE : apesub.com
Conditions Générales de Vente
I. GENERAL CONDITIONS OF USE
ARTICLE 1. LEGAL INFORMATION
Under Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, this article specifies the identity of the various stakeholders in the context of its implementation and monitoring. .
The website apesub.com is published by:
SARL CITIO, whose head office is located at the following address: 15 Rue Saint Jean – 31130 Balma, and registered with RCS Toulouse 838 502 136.
Telephone: 06 89 67 40 12 / E-mail address: email@example.com.
The publication director of the site is:
Mr. Julien LESTEL.
The website apesub.com is hosted by:
OVH, headquartered at 2 rue Kellermann – 59100 Roubaix – France
ARTICLE 2. PRESENTATION OF THE SITE
The purpose of the apesub.com website is:
The sale of dematerialized gift cards that can be used on e-commerce sales sites.
SECTION 3. CONTACT
For any question or request for information concerning the site, or any report of illegal content or activities, the user can contact the publisher at the following e-mail address: firstname.lastname@example.org or send a registered letter with acknowledgment of receipt to:
SARL CITIO – 15 Rue Saint Jean — 31130 Balma
Access to and use of the site are subject to acceptance and compliance with these General Terms and Conditions of Use.
The publisher reserves the right to modify, at any time and without notice, the site and services as well as these T&Cs, in particular to adapt to changes to the site by providing new functionalities or deleting or modification of existing functionalities.
It is therefore advisable for the user to refer before any navigation to the latest version of the T&Cs, accessible at any time on the site. In case of disagreement with the T&Cs, no use of the site can be made by the user.
ARTICLE 5. ACCESS AND NAVIGATION
The publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. It may nevertheless at any time suspend, limit or interrupt access to the site or to certain pages of this one in order to carry out updates, modifications of its content or any other action deemed necessary for the proper functioning of the site.
Connecting to and browsing the apesub.com website implies unreserved acceptance of these General Terms and Conditions of Use, regardless of the technical means of access and the terminals used.
These T&Cs apply, as necessary, to any variation or extension of the site on existing or future social and/or community networks.
ARTICLE 6. SITE MANAGEMENT
For the proper management of the site, the publisher may at any time:
– suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet user;
– delete any information that could disrupt its operation or contravene national or international laws, or the rules of Netiquette;
– suspend the site in order to carry out updates.
ARTICLE 7. RESPONSIBILITIES
The publisher is only responsible for the content that he has published himself.
The publisher is not responsible:
– in the event of technical, computer or compatibility problems or failures of the site with any hardware or software;
– direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services;
– the intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating there;
Furthermore, the site cannot guarantee the accuracy, completeness and timeliness of the information disseminated there.
The user is responsible:
– the protection of its equipment and data;
– the use he makes of the site or its services;
– if he does not respect either the letter or the spirit of these T&Cs.
ARTICLE 8. HYPERTEXT LINKS
The site may contain hypertext links pointing to other websites over which apesub.com has no control. Despite the prior and regular checks carried out by the publisher, the latter declines all responsibility for the content that can be found on these sites.
The publisher authorizes the establishment of hypertext links to any page or document on its site provided that the establishment of these links is not carried out for commercial or advertising purposes.
In addition, the prior information of the site editor is necessary before any hypertext link is set up.
Excluded from this authorization are sites disseminating information of an illicit, violent, controversial, pornographic, xenophobic nature or which may affect the sensitivity of the greatest number.
Finally, apesub.com reserves the right to have a hypertext link pointing to its site deleted at any time, if the site deems it not to comply with its editorial policy.
ARTICLE 9. DATA COLLECTION
The site is exempt from declaration to the Commission Nationale Informatique et Libertés (CNIL) insofar as it does not collect any data concerning users, apart from the email address as well as the surname and first name in order to be able to send the gift card directly to the buyer.
SECTION 10. COOKIES
The site may use “cookie” techniques allowing it to process statistics and information on traffic, to facilitate navigation and to improve the service for the comfort of the user, who may oppose the registration of these “cookies” by configuring its navigation software.
ARTICLE 11. INTELLECTUAL PROPERTY
The structure of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that compose it are the property of the publisher and are protected as such by the laws in force under intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the content, registered trademarks and services offered by the site, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and would be liable to constitute an infringement within the meaning of articles L. 335-2 and following of the Intellectual Property Code. And this, with the exception of elements expressly designated as free of rights on the site.
Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property rights relating to an element of the site, which remain the exclusive property of the publisher.
The user is prohibited from entering data on the site that would modify or could modify its content or appearance.
The website apesub.com wishes you an excellent navigation!
Terms of Service
THESE GENERAL CONDITIONS OF SALE DEFINE THE CONDITIONS AND RESTRICTIONS OF SALE THAT YOU ACCEPT BY PLACING AN ORDER ON OUR WEBSITE.
BY USING ALL OR PART OF THE SERVICES OF THE WEBSITE AND BY PURCHASING PRODUCTS VIA THIS SITE, YOU ACCEPT ALL THE PROVISIONS OF THESE GENERAL CONDITIONS OF SALE AS WELL AS THE LIMITATIONS OF GUARANTEES AND LIABILITY.
THESE GENERAL CONDITIONS OF SALE MAY BE MODIFIED AT ANY TIME, PARTICULARLY DEPENDING ON THE DEVELOPMENT OF THE SITE OR THE DEVELOPMENT OF LEGISLATION AND REGULATIONS IN FORCE.
1./ General provisions:
The terms used, both in the plural and in the singular in the context of these general conditions of sale, will have the following meaning:
CUSTOMER: designates any user, adult natural person, having the capacity to contract, having the quality of consumer and who orders and/or buys a product offered on the WEBSITE.
PUBLISHER: refers to the CITIO Company.
MEMBER: refers to any CLIENT with an active personal account created after completing a registration form.
PRODUCT: designates all PRODUCTS offered on the WEBSITE and in particular, without the list being exhaustive, gift cards, recharges for prepaid payment cards as well as “multi-brand gift cards”.
WEBSITE: refers to the infrastructure, accessible at the address https://subywallet.wpengine.com/ developed by the PUBLISHER according to the computer formats usable on the internet intended to be consulted by the CLIENT to find out about these PRODUCTS.
The WEBSITE is freely accessible to all Internet users.
Any order of PRODUCTS placed via the WEBSITE by the CUSTOMER implies prior acceptance by the latter of the pricing conditions in force on the day of acceptance of the order.
The unreserved acceptance of these general conditions of sale will consist in the fact, for the CUSTOMER, of ticking the box corresponding to the following sentence: “I have read and I accept the general conditions of sale”.
2./ Description of the online purchase process:
2.1.- Selection of PRODUCTS:
Before placing an order via the WEBSITE, the CUSTOMER must select the PRODUCTS, in particular using the search form made available to them.
Once the CUSTOMER believes he has made his choice, he must add it to his basket by clicking on the button provided for this purpose and then click on the button to complete his order.
To validate this page, he must tick the box relating to the ratification of these general conditions of sale. The CUSTOMER acknowledges having downloaded and printed these general conditions of sale.
The CUSTOMER will therefore be redirected to an identification page.
The CUSTOMER must complete a form for registration on the site or enter his login details along with his password on his account if he is already a member.
2.2.- Registration on the WEBSITE:
2.2.1.- Creation of the personal account:
Registration is neither necessary nor mandatory to place an order.
Nevertheless, the CUSTOMER will have the option if he wishes to create an account.
The CUSTOMER must complete the registration form on the site with accuracy and sincerity.
In particular, he will include the particulars relating to his identification and in particular, his surname and first name, postal address, e-mail and password.
The provision of erroneous information or false information having made it impossible for the CITIO Company to deliver the orders placed by the CUSTOMER, cannot engage the responsibility of the latter.
The CITIO Company guarantees the confidentiality of the data transmitted after entering, in particular, the CLIENT’s password.
The CUSTOMER remains responsible for the use made of his password.
In the event of loss of said password, the CLIENT must contact the CITIO Company as soon as possible so that a new password can be assigned to him.
In the event of a forgotten password, the CUSTOMER, to obtain a new one, must click on the “forgotten password” link, must complete a form to create a new password which will then be sent to them by email.
2.3.- Finalization of the order:
After having read the details of his future order, the CUSTOMER may click on the designated place in order to definitively confirm his order.
The CUSTOMER must choose his method of payment in accordance with article 2.4. general conditions.
All orders are made with the following crypto currencies: Bitcoin (BTC), Bitcoin Cash (BCC), Ethereum (ETH), Litecoin (LTC), Monero (XMR), Zcash (ZEC), Neo (NEO), Ripple (XRP ), Lisk (LSK), Komodo (KMD), Xem (XEM), VerteCoin (VYC), DigiByte (DGB), LimonXcoin (LMXC available in 2020).
Payments are made using secure transactions provided by service providers.
The provision of the address of the cryptocurrency portfolio chosen by the CLIENT for the payment and the final validation of the order constitute proof of the client’s agreement, of the payment of the sums due under the order, signature and express acceptance of all operations carried out.
Once the payment has been validated by the service provider concerned, the CUSTOMER will be sent an email acknowledging receipt of the choice of payment as well as an invoice summarizing the details of his order.
3./ Acceptance of the order by the PUBLISHER:
The order only becomes firm and definitive after validation of the payment and receipt of all the documents required by the PUBLISHER, subject to the exceptions below.
All items present on the WEBSITE are, except for error or computer malfunction, not attributable to the EDITOR, available and in stock at the EDITOR.
However, given the time required between the registration of an order and payment, the CUSTOMER acknowledges and accepts that during this period, in the event of end of stock, a PRODUCT may become unavailable.
In the event of unavailability of the PRODUCT ordered, the PUBLISHER will contact the CUSTOMER by any means offering the choice of delivery of another PRODUCT or reimbursement of sums paid and resolution of the sale at no additional cost to the CUSTOMER.
In the event of the resolution of the sale, the PUBLISHER undertakes to reimburse the undeliverable PRODUCT(s) within a period which may not be greater than thirty days from the payment made by the CLIENT.
The PUBLISHER also reserves the right to refuse an order in the event that the CLIENT has not complied with these obligations.
4./ Retention of title:
THE PRODUCTS SOLD REMAIN THE PROPERTY OF THE SELLER UNTIL FULL PAYMENT OF THEIR PRICE.
CONSEQUENTLY, THE CUSTOMER AGREES UNTIL FULL PAYMENT OF THE PRICE, UNTIL IMMEDIATE CLAIM BY THE PUBLISHER, NOT TO TRANSFORM OR INCORPORATE THE SAID PRODUCTS OR TO RESELL THEM OR PLEDGE THEM.
Upon receipt of the validation of the purchase and payment by the customer, the seller sends to the latter, on the e-mail address he has specified, confirmation of receipt of the order form and a copy of the contract to be printed.
Payment of the full price must be made when ordering.
The seller is required to send an invoice to the customer upon delivery.
5.1.- Place of delivery:
The CLIENT undertakes to provide the PUBLISHER with a correct email address. Under no circumstances can the PUBLISHER be held responsible for a failure to deliver due to incorrect entry or incorrect entry of the email address by the CLIENT.
5.2.- Delivery time:
Orders are delivered within a maximum of 48 working hours from full receipt of the price corresponding to the consideration.
5.3.- Late delivery:
A delay in delivery beyond the delivery deadline and not due to a case of force majeure, may lead to the resolution of the sale at the CLIENT’s initiative. This resolution can only take place within thirty days after receipt by the PUBLISHER of a letter of formal notice to have to make the delivery.
In the event of resolution of the sale, the PUBLISHER undertakes to reimburse the CLIENT the sums that the latter has paid as soon as possible and, at the latest within fourteen days from the receipt of an e-mail with acknowledgment reception.
6./ Non-compliance and hidden defects:
The PUBLISHER undertakes to deliver a good in conformity with the contract and is liable for any lack of conformity of the PRODUCT existing at the time of delivery under the conditions of articles L.217-4 and following of the Consumer Code as well as for hidden defects in the conditions provided for in articles 1641 and following of the Civil Code.
The CUSTOMER has a period of two years from the delivery of the goods to act.
He can choose between the repair or the replacement of the good, except impossibility and subject to the conditions of cost envisaged by the article L.217-9 of the Code of Consumption.
He is exempted from providing proof of the lack of conformity of the goods within twenty-four months of delivery of the goods.
This legal guarantee of conformity applies independently of any commercial guarantee or insurance that may have been concluded.
The CUSTOMER may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and, in this case, the CUSTOMER may choose between the cancellation of the sale or a reduction in the price of sale in accordance with article 1644 of the Civil Code.
If the order is delivered damaged or in poor condition, the CUSTOMER must inform the PUBLISHER as soon as possible.
Upon receipt of the order, the CUSTOMER will also check the conformity of the order received and must refuse any package opened, torn, and/repackaged by the carrier.
Any anomaly concerning the delivery must imperatively be notified within eight days of receipt of the order to the CUSTOMER service.
Any complaint made after this period will be rejected and the CITIO Company will be released from all liability.
7./ Right of withdrawal:
The CUSTOMER has a period of thirty clear days to declare his return unless expressly stated.
The withdrawal period runs from the day of receipt of the order.
The CLIENT can contact the CITIO Company by writing to the following email address: email@example.com
Orders must be returned in new, resalable condition.
If the above conditions are met, the CITIO Company will reimburse the CUSTOMER within a maximum of seventy-two working hours from the date of receipt of the product.
The CUSTOMER has the obligation to return the order by any means providing proof of the reshipment.
The prices indicated on the WEBSITE are understood to be in euros, excluding tax and all taxes included.
Prices are set by the PUBLISHER and may be subject to change over time.
The PRODUCTS will be invoiced on the basis of the rates in force at the time of the finalization of the order.
The management fees will be indicated to the CLIENT before any payment.
9./ Warranties and responsibilities:
9.1.- Information on articles:
For all the PRODUCTS sold on the WEBSITE, the CITIO Company undertakes to provide a descriptive notice to present the essential characteristics within the limits of the information provided by the suppliers.
The photographs as well as the descriptions of the PRODUCTS sold are not contractual and the CITIO Company cannot under any circumstances be held responsible for any errors that may exist.
In particular, the images and colors of the articles displayed on the site may not be exactly faithful to the actual colors of the articles under the effect of the internet browser used as well as because of the resolution of the CUSTOMER’s screen.
9.2.- Legal guarantee:
The benefit of the legal guarantee is mentioned in article 6 of these general conditions of sale.
The liability of the CITIO Company is limited to the amount of the CLIENT’s order.
The CITIO Company cannot be held responsible for any material, immaterial or bodily damage caused by the malfunction or misuse of an item purchased on the site.
It is up to the CUSTOMER to check with the local authorities for specifics regarding taxes, declarations, prohibitions, imports or uses of the items ordered.
CITIO cannot be held liable in the event of non-compliance with the laws and regulations of the country where the items will be delivered.
10./ Intellectual property:
All the elements of the site, whether visual or sound, including the technology that made it possible to create the said site, are protected by copyright, trademarks or patents.
They are the exclusive property of the CITIO Company.
The User who has a personal website and who wishes to place, for personal use, on his site a simple link directly to the home page of the site, must request authorization from the CITIO Company. .
On the other hand, any hypertext link referring to the site and using the technique of framing or in line linking is strictly prohibited.
In all cases, any link, even tacitly authorized, must be removed upon simple request from the CITIO Company.
11./ Force majeure:
The CITIO Company will not be liable for the total or partial non-performance of its obligations under this contract if this non-performance is caused by an event constituting force majeure, in particular in the event of disruption or total or partial strike, in particular of the postal services. and means of transport and/or communication, flood and fire.
Will be considered as cases of force majeure, events fulfilling the criteria set by the case law of the Court of Cassation.
In the event of the occurrence of an event constituting force majeure, the CITIO Company will inform the CLIENT within five working days of the occurrence or threat of this event.
Beyond a period of fifteen days of interruption due to force majeure, the CITIO Company will not be able to honor the order on condition that it reimburse the CLIENT.
12./ Applicable law and jurisdiction:
These general conditions of sale are subject to French law, to the exclusion of any other applicable international convention, including the VIENNA convention on the international sale of goods of April 11, 1980.
Any legal action relating to the conclusion, interpretation, execution or assignment of this contract will be within the jurisdiction of the court of the defendant’s place of residence or, at the choice of the plaintiff, of the actual place of delivery of the PRODUCT in accordance with the articles 42 and 46 of the Code of Civil Procedure.
In the event of a dispute within the framework of the execution of these general conditions of sale, the CUSTOMER may, before any legal action, resort to any procedure for the amicable settlement of disputes.
Last modification of these T&Cs: January 11, 2023