The present Terms of Sale (hereinafter referred to as the ”Terms” ) shall apply to any order placed by a consumer, as per the meaning of the introductory article of the French Consumer Code, of the Services offered for sale on the Website https://www.nicecactus.gg (hereinafter referred to as the ”Website”) by the Company, a French simplified joint stock company with a capital of €1.516.738,50, registered at the “Registre du commerce et des sociétés” of Grasse under number 829 761 790, and headquartered at WTC, 120, Route des Macarons, 06560 Valbonne, France (hereinafter referred to as the “Company”).
ARTICLE 1 – OBJECT
The Company sells subscription-based services on its Website (hereinafter the „Services„) to consumers registered on its Website (hereinafter the „Customers„).
The Customer shall be understood as a natural person of legal age or having at least the legal capacity to contract, and who acts for purposes that do not fall within the scope of their commercial, industrial, craft, or liberal activity.
For the purposes hereof, the Customer and The Company will be collectively referred to as the “Parties” and individually referred to as the “Party”.
These Terms shall apply to any subscription to the Services purchased via the Website. The Customer must accept the Terms before proceeding with payment by ticking the box „I accept the Terms of Sale“.
The purpose of these Terms is to define the rights and obligations of the Parties resulting from the online sale of Services available on the Website. They govern the various steps required to conclude and execute orders between the Parties.
The Company reserves the right to modify these Terms at any time, by publishing a new version on the Website. The applicable Terms are those in effect on the date the order is placed.
ARTICLE 2 – SERVICES
Only the Services featured on the Website on the day the order is placed and identified as available may be sold and delivered to the Customer.
The Service offer and applicable prices are valid for as long as the Services are available on the Website.
Customers shall refer to Service feature lists for details of each Service plan.
ARTICLE 3 – PRICES
Service prices are indicated in Euros or Dollars, depending on the currency selected by the user in the account settings. The Value Added Tax (VAT) is the one in effect on the day the order is placed or renewed. Any change in the VAT applicable rate can be reflected on Service prices.
The prices applied are those indicated on the Website at the time the order is placed or upon renewal of the Service. These prices may be updated at any time after that date.
If an obviously erroneous price is indicated on the Website due to a typing error or other similar reasons, such as a technical issue (computer bug, manual error, technical error) the Company shall not be bound by the erroneous price. In such a case, the Company will inform the Customer as soon as possible and the order will be cancelled.
The Company may offer promotional codes. These promotional codes can only be generated by the Company and will not apply to the price of Services that are subject to other promotional offers (sales, bonus sales, price reduction, sponsorship offers, etc.).
The Company cannot be held responsible for any promotional codes released on forums, to which the Company did not consent, except from those generated and released by the Company.
ARTICLE 4 – DURATION
The Terms are accepted by the Customer upon subscription. The Customer must accept the Terms before proceeding with the payment. The Terms thus accepted are applicable for the duration necessary for the provision of the Services, and until the expiry of the guarantees provided for herein.
The Customer must accept the Terms for each new order.
ARTICLE 5 – ORDERS
5.1. Order placement
To place an order, the Customer must first create a personal account. To create an account, he must accurately fill in the fields identified by an asterisk as mandatory. They must provide the information necessary for identification, including a valid email address and a private password of their choice, which they must keep confidential. These will serve as identifiers to log on to the Website. For security purposes, the private password must be at least six (6) characters long and contain letters and numbers. The Customer is responsible for the choice of the conservation of his identifiers and must ensure their confidentiality. The Company cannot, under any circumstances, be held responsible for any identity theft and connections to customer accounts by third parties, if the Customer has not followed the aforementioned instructions.
The provision of personal information collected in the context of distance selling is mandatory. This information is necessary to process order deliveries and issue invoices. This information is strictly confidential. The Company undertakes to collect only the data strictly necessary for account creation and order placement purposes.
Once his personal account has been created, Customers can subscribe to a Premium Account by clicking on “Go premium” in his profile. The Customer clicks on the subscription plan he wants to subscribe to. He has the choice between several plans:
The price to be paid by the Customer is the amount stated on the order summary the Customer reads before the final validation of his purchase. Once payment has been made, the price is also stated in the invoice, sent by email to the Customer by Stripe (see Article 5.3).
The Stripe platform is the payment platform used by the Company to manage all payments. All Customers‘ banking data are directly processed by their services. For more information or to contact them you can visit www.stripe.com. Consequently, the Company cannot be held liable for any payment issues or problems that may result from the bank details provided by the Customer.
The Customer can choose one of the following methods to pay his purchases:
Regarding payment by credit card, payment terms are as follows:
Notwithstanding the application of article R. 642-3 of the French Penal Code, the Customer will pay his order by credit card (cards with the CB symbol, cards of the brands VISA or EUROCARD or MASTERCARD) in accordance with the provisions of this article.
To pay his order by credit card, the Customer must enter his credit card number on the Website, along with its expiry date and the security code (3-digit number printed on the back of the credit card). This data is encoded on Stripe servers, which is the payment processing platform used by the Company to manage all payments. The Company does not keep Customers‘ banking data, they are directly managed by Stripe. Stripe keeps the Customers‘ banking data for the duration of their subscription. Such data will only be deleted by Stripe when the subscription is terminated.
The card is debited upon validation of the order. In the case of a subscription with a trial period, payment will be processed at the end of the trial period. In any event, the amount debited corresponds to the Service(s) actually ordered.
In all cases, the online supply of the credit card number or any other payment method and the final validation of the order shall be proof of the entire order, pursuant to articles 1353 et seq. of the French Civil Code. They will also cause the sums incurred for the order to become due and payable.
This validation is worth signing and express acceptance of all the operations performed on the Website.
Finally, the Customer ticks the box „I Accept the Terms of Sale“ and clicks on „Agree and pay“ to finalize his order.
For any provision of a Service, the bank installments corresponding to the renewal of monthly subscriptions will be processed with the bank information provided by the Customer when he first placed an order.
Since these Services may be renewed each month, Stripe, the payment platform on which the Customer’s bank data is stored, will inform the Customer by email, seven (7) days before the payment is to be processed for the upcoming month.
5.3. Order acknowledgement
Upon completion of payment, Stripe sends a summary of the order named „Invoice“ by email to the email address provided by the Customer.
This document serves as an acknowledgement of receipt and includes all the elements of the contract concluded between the Parties.
5.4. Order follow-up and history
For ongoing order follow-ups, the Customer can log into his personal account and go to the section „Active subscriptions“.
In the „Subscription history“ section, he can find all past subscriptions he has purchased on the platform.
5.5. Length of contract
Regarding Service orders, with the exception of special cases, any subscription comes into effect starting from the first day of the subscription and covers a determined period of one (1) month, three (3) months, six (6) months or twelve (12) months, based on the plan chosen.
At the end of the initial period, in order to avoid any discontinuity in the Service, the subscription contracts are automatically and tacitly renewed over successive periods of: one (1) month, three (3) months, six (6) months or twelve (12) months, at the price in effect during the month of the renewal as stated on the Website, provided the subscription has not been canceled by the Customer before it has expired, by clicking on “Cancel subscription” from his “Account Settings”.
ARTICLE 6 – RIGHT OF WITHDRAWAL AND REFUNDS
6.1. Trial period
When placing his first order, the Customer benefits from a trial period of seven (7) days from the day he subscribes to the Service. Therefore, during this trial period, the Customer may terminate his subscription at any time and without additional charge.
The subscription will only be processed on the eighth (8th) day. Therefore, the Customer must cancel his subscription in „Account Settings“, „Cancel Subscription“, before the 7th day at 00:00 am.
Please note that this trial period is only valid for the first subscription.
The Customer will not be able to benefit from it for subsequent subscriptions. Consequently, if the Customer who purchases the subscription does it for himself, then he will only be able to benefit from the trial period once.
On the other hand, if the subscriber purchases a subscription to gift it to another person as a „gifted subscription“, the person to whom the subscription has been gifted may benefit from the trial period only once. In this case, the subscriber will still be able to benefit from the trial period if he decides to subscribe for himself later on.
6.2. Absence of the right of withdrawal
The withdrawal period relating to the order of a Service is governed by the Consumer Code.
In addition, article L.121-21-8 of the Consumer Code provides that the right of withdrawal does not apply to the following contracts:
Prior express consent of the consumer shall be understood as the acceptance of these Terms upon placing the order.
Directive 2011/83/EU confirms the Consumer Code by stating in Article 16 that it is impossible to apply the right of withdrawal for the supply of digital content „if the execution has begun with the prior express consent of the consumer, who has also acknowledged that he will thus lose his right of withdrawal“.
ARTICLE 7 – CUSTOMER SERVICE
The Company’s customer service is available from 9:00 AM to 5:00 PM (EU) to answer Your queries and information requests. You can contact the customer service at the following address:
You can also visit the following Company’s social media networks:
ARTICLE 8 – GUARANTEE
Our Services shall enjoy the legal guarantee scheme as per this article, provided that they have been used properly.
The Customer may decide to execute the guarantee against latent defects of the goods sold, pursuant to article 1641 of the French Civil Code. In this case, the Customer may choose between the cancelation of the sale or a reduction of the selling price pursuant to article 1644 of the French Civil Code.
Any request concerning these guarantees shall be sent to the Customer service, at the following email address: email@example.com.
It should be noted that, in the event of a professional purchase, while the Customer is informed of his declared quality of Consumer, the Company will not be liable for any damage that may arise as a result of the purchase or use of the Services for professional use.
ARTICLE 9 – TRANSACTION PROOF, RETENTION AND ARCHIVING
The Company recommends that Customers keep a hard copy record, or a record on a reliable IT support, of any data related to his order.
Computer records, kept in the Company computer systems under reasonable security conditions, shall be considered as proof of communications, orders, deliveries and payments between the Parties.
Invoice archiving is carried out on a reliable and durable medium in order to correspond to a faithful and durable copy.
In addition, and in accordance with article L. 213-1 of the French Consumer Code, the Company is committed to keep and archive on all media, for 10 years, all contracts concluded between the Customer and the Company of a value equal to or greater than 120 EUROS (€) and to guarantee the Customer access to them at any time.
This right of access may be exercised by sending an email to the following email address: firstname.lastname@example.org.
ARTICLE 10 – PERSONAL DATA
In the context of distance selling, the Company is required to process personal data concerning the Customer.
The Company complies with the provisions of the European Directive 95/46/EC on the protection of personal data and the French law known as „Informatique et Libertés“ n°78-17 dated January 6th, 1978, as amended by law n°2004-801 dated August 6th, 2004 and law n°2006-64 dated January 23rd, 2006. In addition, the Company complies with the provisions of the Law No. 2018-493 dated June 20th, 2018 on the protection of personal data.
More specifically, the Company undertakes to collect from Customers only the personal data that is strictly necessary for the provision of the services it provides.
The Company informs the Customers that it will collect the following personal data concerning them:
Please note that this data will be kept by the Company for the time required to supply the Service and until the Customer’s account is deleted.
Customers have the right to access, rectify and delete any personal data concerning them, by sending a request to the following email address: email@example.com.
In addition, specific information is included on each collection form in order to ensure that Customers are fully informed before any processing of their personal data.
ARTICLE 11 – FORCE MAJEURE
The Company shall not be held responsible for the total or partial failure to comply with its obligations in respect of the Terms, if this failure to comply results either from the Customer or from an event of force majeure as defined in article 1218 of the French Civil Code, including in particular total or partial strikes of communication services.
The Company will notify the Customer of an event of force majeure within five (5) working days of its occurrence.
The Parties agree to consult each other as soon as possible to determine how the order is to be processed during the event of force majeure.
Beyond a period of thirty (30) days of interruption for events of force majeure, the Parties will be released from their obligations to one another. If applicable, the Company will refund the Customer as soon as possible.
ARTICLE 12 – ENTIRE TERMS
In the event that any of the provisions of these Terms would be null or void as a result of a change in legislation, regulation or a court decision, this cannot in any way affect the validity and compliance of the other provisions of the Terms.
ARTICLE 13 – APPLICABLE LAW AND DISPUTE SETTLEMENT
These Terms are governed by French law.
In case of litigation, the Company and the Customer undertake to seek an amicable solution before any legal action is taken.
13.1. Mediation and amicable dispute settlement
Pursuant to the provisions of articles L. 611-1 et seq. of the French Consumer Code, the Customer may have recourse to the services of a mediator, free of charge, for the amicable settlement of any unresolved dispute with the Company.
13.2. Conditions of admissibility
It is hereby stated that the dispute may only be examined by the mediator under the following conditions:
Finally, the Company informs its Customers of the existence of a European platform for amicable settlement of online disputes (ODR). You can use it to settle your disputes, through their website: http://ec.europa.eu/odr .
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