Article 1. CONTENT AND SCOPE
These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of the services of creating and publishing one (or more) welcome booklet(s), intended to be shared with travellers (“the Services”) offered by StyQR SAS (“the Provider”) to consumers and non-professional customers (“the Customers” or “the Customer” or “the User”) on its website “styqr.fr” (“the Site”).
The main characteristics of the Services are presented on the “styqr.fr” website.
The Customer is obliged to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
The Provider’s contact details are as follows:
StyQR SAS, with a capital of 1,000 euros, 14 rue des Fauvettes 95360, Montmagny (France), registered in the Pontoise Trade and Companies Register under the unique identification number 824 532 865.
These conditions apply to the exclusion of all other conditions, in particular those applicable to other marketing channels for the Services.
These General Terms and Conditions of Sale are accessible at any time on the Website and shall prevail, where applicable, over any other version or any other contradictory document.
In the absence of proof to the contrary, the data recorded in the provider’s computer system constitutes proof of all transactions concluded with the Client.
In accordance with the French Data Protection Act of 6 January 1978, as reinforced and supplemented by the RGPD (General Data Protection Regulation), which came into force on 25 May 2018, the Customer has the right to access, rectify, oppose, delete and port all of his personal data at any time by writing, by post and providing proof of his identity, to StyQR SAS – 14 rue des Fauvettes 95360, Montmagny (France).
The Customer acknowledges that he/she has the required capacity to contract and acquire the Services offered on the Site.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the website on the date the order is placed.
The Customer declares that he/she has read and accepted the present General Terms and Conditions of Sale before placing his/her order. In this respect, they are enforceable against him in accordance with the terms of Article 1119 of the Civil Code.
Article 2. ORDERING AND PROVIDING SERVICES
The Customer selects on the Site the Services he/she wishes to order, according to the following procedures:
In order to register on the Site, all Users must first create a personal account, read and accept, without reservation at the time of registration, the present General Terms and Conditions of Sale.
Access to the various services of the Site is thus strictly subject to the unreserved acceptance and compliance with these GTC by all Customers.
1. Terms of access and registration to the service.
In accordance with Article 1127-1 of the Civil Code, StyQR brings to the attention of any Internet user wishing to open an account on the Site, and consequently contract with the company StyQR, the following information:
2. Creation of a User profile and login details on the Site
Any person may create a user account via the Site, by providing their surname, first name, e-mail address and nature of their accommodation.
<2.1 Profile management and obligation of sincerity
When registering, the User undertakes to provide truthful information, in particular valid contact details. If, however, an error is made, the User may at any time contact StyQR’s customer service department at the following address :
support@styqr.fr
2.2. The login and password
The login ID and password allow access to the Site’s services as well as to the account settings. These connection data are strictly personal and confidential and the User is solely responsible for the management, confidentiality and conservation of his data.
3. Presentation of the services
The Site proposes two offers:
- StyQR Free: free offer with limited functionalities ;
- StyQR Premium: paid offer with extended functionalities.
This offer exists in the form of a monthly or annual subscription with tacit renewal (hereinafter “the Subscription”).
Offre StyQR Free
The StyQR Free offer is limited to 1 User per household for personal use, or 1 User per Company for professional use.
In the event of non-compliance with this rule, StyQR shall offer the User concerned the option of merging his or her various “Free” accounts by switching to the “Premium” offer.
Otherwise, StyQR reserves the right to delete the accounts concerned.
Premium subscription
The holder of a StyQR account may take out a Premium subscription on a monthly or annual basis (hereinafter “Subscription”).
In this context, the User benefits from Premium services until he decides to terminate his Subscription under the conditions set out herein.
The monthly Premium Subscription is for an indefinite period and is renewed each month, by tacit agreement, for the following month unless the User decides to terminate it, under the conditions set out herein, before the end of the current subscription month.
The annual Premium Subscription is for an indefinite period and is renewed each year, by tacit agreement, for the following year unless the User decides to terminate it, under the conditions set out herein, before the end of the current subscription year. The User will be notified by e-mail 1 month before the renewal of his/her subscription.
Trial offer
StyQR provides a trial offer to its Users, allowing them to access the Premium service free of charge for a limited period (14 days).
Users will have to fill in their payment information in order to activate a trial offer. In the case of an annual subscription, the User will be debited for the subscription amount the day after the end of the trial period. In the case of a monthly subscription, the User will be debited the amount of the subscription 30 days after the end of the trial period. If the User does not wish to be debited with this amount, he/she must terminate the subscription before the end of the trial period.
Article 3. RENEWABLE CONTRACT
Subscribing to the Service on the Website implies the conclusion of a contract for one month or one year, depending on the offer subscribed to by the Customer, tacitly renewed for the same period.
Under the terms of Article L 215-1 of the Consumer Code, literally reproduced:
“In the case of service contracts concluded for a fixed term with a tacit renewal clause, the trader supplying the services shall inform the consumer in writing, by means of a dedicated letter or e-mail, not earlier than three months and not later than one month before the end of the period allowing for the rejection of renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information shall be given in clear and comprehensible terms and shall mention, in a visible box, the deadline for non-renewal.
Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, shall in this case be reimbursed within thirty days of the date of termination, after deduction of the sums corresponding, up to that date, to the performance of the contract. The provisions of this article shall apply without prejudice to those which by law subject certain contracts to special rules as regards consumer information.”
Article 4. Prices
For individuals, guest houses, gîtes, concierge services and rental managers:
- The monthly Premium Subscription fee is €3.00 incl. VAT per month and per welcome booklet.
- The price of the annual Premium Subscription is 30 euros per year and per welcome booklet.
For hotels and campsites:
- Le tarif de l’Abonnement Premium mensuel est de 1,50 euros TTC par mois et par chambre ou par emplacement.
- The annual Premium Membership fee is 15 euros per year per room or per pitch.
The difference in price is due to the difference in the number of simultaneous connections to the booklets. We therefore apply a global price per number of rooms or pitches for hotels and campsites. This pricing will be implemented for new customers from 1 May 2021. If you were a customer before this date, your price will not change.
Furthermore, we provide a hotel or campsite with a single booklet in their space. However, the User may ask us to open other booklets free of charge, depending on the number of rooms or pitches. Each additional booklet must have the same address as the first booklet.
If the User has several establishments and wishes to create a new booklet for another establishment, he must ask the StyQR team, which will adjust his subscription according to the number of rooms or pitches of this new establishment and will open a new booklet for him.
In the event of non-compliance with this rule, StyQR will propose to the User concerned an adjustment of his/her subscription.
If this adjustment is not accepted, StyQR reserves the right to delete additional booklets that are outside the scope of the subscription.
The Service Provider reserves the right to change its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
The prices are indicated in euros.
The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the services.
At no time may the sums paid be considered as a deposit or advance payment.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be reflected in the selling price of the products.
Price changes will take effect from the subscription period following the date of the price change.
Article 5. PAYMENT CONDITIONS
Payment for purchases is made by credit card, via the Stripe interface. The Customer must indicate the number of his or her card, as well as its date of validity and the three-digit cryptogram on the back of the card, directly in the area provided for this purpose (secured entry by SSL encryption).
The credit card used will remain registered via the Stripe interface for the payment of future instalments. The User may at any time modify the bank card associated with his account in his personal space, under the heading “My settings”.
1. Subscription with one booklet
For the monthly subscription, the amount of the subscription paid by credit card is collected the day following the end of the first subscription period, and then every month on the anniversary date.
For example, if a User subscribes to the Premium subscription for the first time on 05/04/2019, he will have a 14-day trial period until 19/04/2019, then his Premium subscription will start on 20/04/2019. His first payment will be cashed on 20/05/2019, then the following payments will be made on anniversary dates (20/06/2019, 20/07/2019, etc.).
If a user has already taken advantage of the trial period in the past, his subscription will start immediately upon subscription. Thus, if he/she subscribes to the Premium subscription on 05/04/2019, his/her first payment will be cashed on 05/05/2019, then the following payments will be made on anniversary dates (05/06/2019, 05/07/2019, etc.).
For the annual subscription, the amount of the subscription paid by credit card is cashed the day after the end of the trial period, then on the anniversary date.
For example, if a User subscribes to the Premium subscription for the first time on 05/04/2019, he will have a 14-day trial period until 19/04/2019, then his Premium subscription will start on 20/04/2019. His first payment will be cashed on 20/04/2019, then the following payments will be made on anniversary dates (20/04/2020, 20/04/2021, etc.).
If a user has already benefited from the trial period in the past, his subscription will start immediately upon subscription. For example, if they subscribe to the Premium subscription on 05/04/2019, their first payment will be collected on 05/04/2019, then the following payments will be made on the anniversary date (05/04/2020, 05/04/2021, etc.).
2. Subscription with several booklets
For the monthly subscription, the amount is only collected at the end of the current month, and the amount debited will correspond to the number of passbooks subscribed to simultaneously during this period.
For example, if a User subscribes to the Premium subscription with a single booklet, and then wishes to add 3 new booklets to his offer during the period, the payment received at the end of the month will correspond to the maximum number of booklets subscribed simultaneously during the period, i.e. in this case 4 booklets.
For the annual subscription, if the User subsequently wishes to increase the number of booklets included in his offer, he will have to pay the difference in price for the current year, in proportion to the number of months remaining before his anniversary date.
For example, a User subscribes with 30 booklets on 05/04/N. The day after the end of the trial period, i.e. on 20/04/N, he pays the amount of his annual subscription, i.e. €840.
On 15 June N, he wishes to add 10 booklets to his subscription. He will then have to pay the sum of €238.33, corresponding to the 11 months remaining before the anniversary date of his subscription.
Article 6. LATE FEES
In the event of late payment and payment of sums due by the Client after the deadline set out above, and after the payment date shown on the invoice sent to the Client, late payment penalties calculated at a monthly rate of 3% of the amount (including tax) of the price of the Services shown on the said invoice, will be automatically and automatically due to the Service Provider, without any formality or prior notice.
Article 7. SERVICE AVAILABILITY
StyQR strives to ensure that the Site is available 24 hours a day, 7 days a week. However, access to the Site may be interrupted for maintenance operations, hardware or software upgrades, emergency repairs to the Site, or due to circumstances beyond StyQR’s control.
StyQR undertakes to take all reasonable measures to limit such disruptions, insofar as they are attributable to it.
Users acknowledge and accept that StyQR assumes no responsibility towards them for any unavailability, suspension or interruption of the Site and cannot be held liable for any direct or indirect damage of any kind resulting from this fact.
Article 8. MODIFICATION OF THE SERVICE
StyQR reserves the right to develop its services or the Site, in particular by making new features available or by modifying and/or deleting features currently offered to the User from the Site.
Article 9. ELECTRONIC SIGNATURE
The online provision of the buyer’s credit card number and the final validation of the order shall be deemed proof of the buyer’s agreement:
Payability of the sums due under the order form,
Signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the Customer is invited, as soon as this use is noticed, to contact the support service at the following address: support@styqr.fr.
Article 10. PROOF OF TRANSACTION
The computerized registers, kept in the computer systems of the Provider under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 11. RIGHT OF WITHDRAWAL
When subscribing to the Premium offer, a cooling-off period is offered in the form of a Trial offer. The cooling-off period for the Paid Membership for which you receive a Trial ends fourteen (14) days after you start the Trial. If you do not terminate the paid subscription before the end of the Trial, you lose your right of withdrawal and authorise StyQR to automatically charge you the agreed price each month (or year), until you terminate the Premium Subscription.
To exercise your right of withdrawal, you just need to send us by e-mail your decision to withdraw from this contract by means of an unambiguous statement: support@styqr.fr. The date taken into account will be the date on which the e-mail is sent. The welcome booklet(s) and their access will then be immediately deactivated.
You can also cancel your subscription from your user space, on the “My subscription” page, by reducing the number of booklets included in the Premium offer to 0 for the next period.
The Trial can only be carried out once per User. If the User exercises his/her right of withdrawal at the end of the Trial period, and then re-subscribes to the subscription, he/she will be immediately committed for the chosen subscription period (annual or monthly period), without any further period of reflection.
Article 12. CANCELLATION OF THE SUBSCRIPTION
If the User has subscribed, with or without a trial offer, to the Premium Subscription from the Website, he/she must, in order to terminate it, send a request by e-mail to the following address: support@styqr.fr, indicating his/her login. A message confirming the request will be sent to the User.
You can also cancel your subscription from the “My subscription” page in your user area by reducing the number of booklets included in the Premium offer to 0 for the next period.
If the User indicates that he/she wishes to terminate the Subscription before the end of the current period, his/her request will take effect the day after the last day of the subscription period (i.e. the anniversary date). The User will then automatically switch to the StyQR Free formula.
Article 13. DELETE AN ACCOUNT
The Service Provider reserves the right to suspend and/or delete the account of any User who contravenes these terms and conditions.
StyQR reserves the right to delete an account that has been inactive for more than 12 months.
The User may request the deletion of his account by sending an e-mail to the following address: support@styqr.fr.
Any deregistration from the Site will take effect as soon as possible.
Article 14. LIABILITY OF THE PROVIDER – GUARANTEE
The Service Provider warrants, in accordance with legal provisions and without additional payment, the Client against any lack of conformity or latent defect resulting from a design or manufacturing defect in the Services ordered.
In order to assert its rights, the Customer shall inform the Service Provider in writing of the existence of the defects or lack of conformity within a maximum of 5 days from the delivery of the Services.
The Service Provider shall refund or rectify or arrange for the rectification (where possible) of the services found to be defective as soon as possible and at the latest within 30 days of the Service Provider’s discovery of the defect or fault. Reimbursement shall be made by crediting the Customer’s bank account or by sending a bank cheque to the Customer.
The Service Provider’s warranty is limited to the reimbursement of the Services actually paid by the Customer and the Service Provider shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of an event of force majeure as usually recognised by the French jurisprudence.
The Services provided through the Provider’s Website are in accordance with the regulations in force in France. The Service Provider shall not be liable for any failure to comply with the legislation of the country in which the Services are provided, which the Customer, who is solely responsible for the choice of the Services requested, must check.
Article 15. USERS’ RESPONSIBILITIES
Users are solely responsible for the messages, content and information they put online on the Site. The Service Provider shall not be liable for the content transmitted or put online by Users on the Site and over which StyQR has no power of control or supervision.
The User expressly undertakes, under penalty of criminal or civil liability, to ensure that the messages he/she sends are not of a nature to, but not limited to
- Constitute a violation of the intellectual property rights of third parties; in this respect, the User undertakes not to reproduce or communicate to the public on the Site elements protected by copyright, registered as a trademark or, more generally, protected by any other intellectual property right held by third parties without the prior consent of the holder or holders of such property rights;
- Contain computer viruses that may interrupt, destroy or alter the functionality of the Site;
- Advocate crimes or contain messages that are illegal, threatening, paedophilic, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic, revisionist or contrary to public order or morality;
- Invading the privacy or dignity of others;
- Inciting violence, fanaticism, crime, suicide, hatred because of religion, race, gender, sexual orientation, ethnicity;
- Harassing other Users with whom the User has come into contact during discussions on the various communication areas of the site ;
- Promote or encourage any criminal activity or enterprise;
- Soliciting and/or providing passwords and/or personal information for commercial or illegal purposes ;
- Transmit chains of e-mails, unsolicited mass mailings, instant messages, unwanted advertising messages or unsolicited mail ;
- Include advertisements and/or solicitations to offer products and/or services for sale through the Site;;
- Contain addresses or hyperlinks to external sites whose content is contrary to the laws and regulations in force, which infringe the rights of third parties or which are contrary to these conditions.
The Service Provider ensures the distribution in an electronic format, through its Website, of welcome booklets written by the Users with the aim of providing information about their accommodation.
The Site is only a means of transmitting information by the Users to their readers, under their own responsibility, in the form of a digital welcome booklet for their accommodation.
The purpose of the Site is therefore not to guarantee the completion or proper execution of a traveller’s visit to the User.
As StyQR is not a party to the conclusion of the contract giving rise to a visit by the traveller to the User’s home, it cannot verify the legality of the contract (whether with regard to the free availability of the property, the conditions of formation of the contract, the legality of the obligations contractually incumbent on one or other of the Users, or in any other respect), or its proper performance.
The attention of the Users is therefore drawn to the risks associated with the provision or occupation of an Accommodation, in particular, the risk of deterioration of the property or theft of certain objects in it.
The User is solely responsible for the conservation and confidentiality of his/her StyQR identifiers and undertakes not to communicate, at any time whatsoever, his/her password to any other User or to use the account, pseudonym and password of another User. The User guarantees the accuracy of the information provided to StyQR for the purposes of registration and undertakes to notify it of any subsequent changes.
The User acknowledges that StyQR reserves the right, in the event that his or her use of the Site is contrary to the present terms and conditions and, more generally, to the laws and regulations in force, to immediately and without prior notice deregister from the Site’s services and/or block his or her access to the Site.
StyQR shall not be held liable for any financial or commercial losses, damage to reputation, or any direct or indirect prejudice arising from the use of the Site by Users.
StyQR reserves the right to provide, at the request of any legitimate authority, any information enabling or facilitating the identification of the offending User.
Article 16. INTELLECTUAL PROPERTY
The content of the Website is the property of the Provider 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 of copyright.
In addition, the Service Provider retains all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Client) for the purpose of providing the Services to the Client.
The Customer shall not reproduce or exploit such studies, drawings, models, prototypes, etc. without the Vendor’s express prior written authorisation, which may be conditional on a financial consideration.
Article 17. INFORMATION TECHNOLOGY AND CIVIL LIBERTIES
Pursuant to Law 78-17 of 6 January 1978, as amended by Law no. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of the order and the preparation of invoices, in particular.
This data may be communicated to any of the Seller’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the Website complies with the legal requirements regarding the protection of personal data, the information system used ensuring optimum protection of this data.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.
This right may be exercised under the conditions and according to the procedures defined on the Site.
The Customer is referred to the information PROTECTION OF PERSONAL DATA on the Site.
Article 18. PARTIAL NON-VALIDATION
Si une ou plusieurs stipulations des présentes conditions générales sont tenues pour non valides ou déclarées telles en application d’une loi, d’un règlement ou à la suite d’une décision définitive d’une juridiction compétente, les autres stipulations garderont toute leur force et leur portée.
Article 19. NON-RENONCIATION
Le fait pour l’une des parties de ne pas se prévaloir d’un manquement par l’autre partie à l’une quelconque des obligations visées dans les présentes conditions générales ne saurait être interprété pour l’avenir comme une renonciation à l’obligation en cause.
Article 20. IMPREVISION
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
Article 21. PLEA OF NON-PERFORMANCE
It is recalled that in application of Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own and if this non-performance is sufficiently serious, i.e. likely to jeopardise the continuation of the contract or fundamentally upset its economic balance.
The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the notice of default sent to it to this effect by the Party suffering the default, indicating the intention to apply the exception of non-performance for as long as the defaulting Party has not remedied the default observed, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of sending.
This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not perform its obligations on the due date and that the consequences of this non-performance are sufficiently serious for the Party that has been the victim of the default.
This option shall be used at the risk of the Party taking the initiative.
The suspension of performance shall take effect immediately upon receipt by the Party alleged to be in default of the notification of the intention to apply the defence of pre-emptive default until the Party alleged to be in default performs the obligation for which a future default is manifested, served by registered letter with acknowledgement of receipt or on any other durable written medium that provides proof of sending.
However, if the impediment is definitive or lasts for more than 30 days from the date of notification of the impediment by registered letter, the present contract shall be purely and simply terminated in accordance with the terms and conditions set out in the article “Termination for failure by a party to fulfil its obligations” in article 17.
Article 22. FORCED EXECUTION IN KIND
Notwithstanding the provisions of Article 1221 of the Civil Code, the Parties agree that in the event of a failure by either Party to fulfil its obligations, the Party suffering the failure shall not be entitled to seek compulsory execution.
Article 23. MAJOR FORCE
The Parties shall not be held liable if the non-execution or delay in the execution of any of their obligations as described herein results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The obligations of the parties will then be suspended 30 days after sending a registered letter with acknowledgement of receipt.
The party noting the event must immediately inform the other party of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.
However, as soon as the cause of the suspension of their mutual obligations disappears, the parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the party prevented shall notify the other party of the resumption of its obligation by registered letter with acknowledgement of receipt.
During this suspension, the parties agree that the costs generated by the situation shall be borne by the prevented party.
If the impediment is definitive or lasts for more than one month, the present contract will be purely and simply terminated in accordance with the terms and conditions defined in the article “Termination due to force majeure”.
Article 24. TERMINATION OF THE CONTRACT
Resolution for unforeseen circumstances
Termination due to the impossibility of performing an obligation that has become excessively onerous may only take place, notwithstanding the clause “Termination due to failure of a party to fulfil its obligations” set out below, 30 days after the sending of a formal notice declaring the intention to apply this clause, notified by registered letter with acknowledgement of receipt or by any extrajudicial act.
Resolution for non-performance of a sufficiently serious obligation
La Partie victime de la défaillance pourra, nonobstant la clause « Résolution pour manquement d’une partie à ses obligations » figurant ci-après, en cas d’inexécution suffisamment grave de l’une quelconque des obligations incombant à l’autre Partie, notifier par lettre recommandée avec demande d’avis de réception à la Partie Défaillante, la résolution fautive des présentes, 30 jours après l’envoi d’une mise en demeure de s’exécuter restée infructueuse, et ce en application des dispositions de l’article 1224 du Code civil.
Resolution for force majeure
Termination by operation of law for reasons of force majeure, notwithstanding the clause “Termination for failure of a party to fulfil its obligations” set out below, may only take place 30 days after a formal notice has been sent by registered letter with acknowledgement of receipt or any extrajudicial act.
Termination for failure of a party to fulfil its obligations
In the event of non-compliance by one or other of the parties with the obligations set out in this contract, it may be terminated at the discretion of the injured party.
It is expressly understood that this termination for failure by a party to fulfil its obligations will take place by right 30 days after a formal notice to perform has been sent, which has remained, in whole or in part, without effect. The formal notice may be sent by registered letter with acknowledgement of receipt or any extrajudicial act.
Provisions common to resolution cases
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this Agreement shall be validly put in default by the mere fact that the obligation is due, in accordance with the provisions of Article 1344 of the Civil Code.
The implementation of one or more termination clauses in this agreement by the Service Provider shall render due and payable the fees remaining at the date of implementation, without prejudice to any damages that may be claimed.
In any event, the injured party may seek damages in court, without prejudice to the application of the penalties provided for in the article “Penalties for late payment” in the article “Termination for Imprecision”.
Article 25. LITIGATION
All disputes to which this contract and the agreements arising from it may give rise, concerning their validity, interpretation, execution, resolution, consequences and consequences, shall be submitted to the competent courts under the conditions of common law.
Article 26. LANGUE DU CONTRAT
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 27. APPLICABLE LAW
The present general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the purchaser shall first contact the Service Provider to obtain an amicable solution.
Article 28. PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
Le Client reconnaît avoir eu communication, préalablement à la passation de sa commande et à la conclusion du contrat, d’une manière lisible et compréhensible, des présentes Conditions Générales de Vente et de toutes les informations listées à l’article L. 221-5 du Code de la consommation, et notamment les informations suivantes :
- The essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
- The price of the Services and related costs (e.g. delivery);
in the absence of immediate performance of the contract, the date or time limit within which the - The Service Provider undertakes to provide the Services ordered;
- Information about the Provider’s identity, postal, telephone and e-mail address and activities, if not apparent from the context,
- Information on legal and contractual guarantees and their implementation;
- The functionality of the digital content and, where appropriate, its interoperability;
- The possibility of resorting to conventional mediation in the event of a dispute ;
- Information on the right of withdrawal (existence, conditions, time limit, how to exercise this right and the standard withdrawal form), on how to terminate the contract and on other important contractual conditions.
- Accepted means of payment.
The fact that a natural person (or legal entity) places an order on the “styqr.fr” website implies full acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Services ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Provider.
ANNEX I WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on “styqr.fr”, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
For the attention of
StyQR SAS
14 rue des Fauvettes 95360, Montmagny
I hereby give notice of withdrawal from the contract concerning the order of the services below:
– Order of “Date
– Order number: …………………………………………………..
– Customer’s name: …………………………………………………………………
– Customer’s address: ……………………………………………………………..
Customer’s signature (only in case of notification of this form on paper) :