I. GENERAL CONDITIONS OF USE
ARTICLE 1. LEGAL INFORMATION
Under article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, this article specifies the identity of the various stakeholders in the context of its implementation and monitoring. .
The tuinasimo.com site is published by:
Mohammed Benadada, whose head office is located at the following address: 32 avenue Puvis de Chavannes 92400 Courbevoie, and registered at the Center de Formalités des Entreprises des Hauts-de-Seine, SIRET 89495561600012.
Telephone: 06.66.38.05.57 / Email address: [email protected].
The publication director of the site is: Mr. Mohammed Benadada.
The tuinasimo.com site is hosted by:
PlanetHoster, whose headquarters is located at the following address:
4416 Rue Louis-B.-Mayer, Laval, QC H7P 0G1, Canada
Telephone number: +33 1.76.60.41.43
ARTICLE 2. PRESENTATION OF THE SITE
The purpose of the tuinasimo.com site is:
- Presentation of massage services;
- Make appointments online;
- Purchase of gift card.
ARTICLE 3. CONTACT
For any questions or requests for information concerning the site, or any report of illicit content or activities, the user can contact the publisher at the following e-mail address: [email protected] or send a registered letter with acknowledgment of receipt to: Mohammed Benadada - 32 avenue Puvis de Chavannes 92400 Courbevoie
ARTICLE 4. ACCEPTANCE OF THE TERMS OF USE
Access and use of the site are subject to acceptance of and compliance with these General 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 the provision of new functionalities or the deletion or modification of the site. modification of existing functionalities.
The user is therefore advised to refer before any navigation to the latest version of the T&Cs, accessible at any time on the site. In the event of disagreement with the T&Cs, no use of the site may 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 in order to carry out updates, modifications of its content or any other action deemed necessary for the proper functioning of the site.
Connection and navigation on the tuinasimo.com site constitutes unreserved acceptance of these General Conditions of Use, whatever 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, for a specific category of Internet user;
• Delete any information that may disrupt its operation or contravene national or international laws, or the rules of Netiquette;
• Suspend the site in order to make updates.
ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS
1. REGISTRATION
Access to certain services, and in particular to all paid services, is conditional on the user's registration.
Registration and access to the site's services are reserved exclusively for capable individuals, having completed and validated the registration form available online on the tuinasimo.com site, as well as these General Conditions of Use.
When registering, the user undertakes to provide accurate, sincere and up-to-date information about their person and marital status. The user must also carry out regular verification of the data concerning him in order to maintain its accuracy.
The user must therefore provide a valid e-mail address, on which the site will send him confirmation of his registration for its services. An email address cannot be used more than once to register for the Services.
Any communication made by tuinasimo.com and its partners is therefore deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to respond within a reasonable time if necessary.
Only one registration for the site's services is permitted per natural person.
The user is assigned an identifier allowing him to access a space to which access is reserved for him (hereinafter "Personal Space"), in addition to entering his password.
The identifier is permanent, however the password can be modified online by the user in their Personal Space. The password is personal and confidential, the user therefore undertakes not to communicate it to third parties.
tuinasimo.com reserves the right in any case to refuse a request for registration for services in the event of non-compliance by the user with the provisions of these General Conditions of Use.
2. UNSUBSCRIBE
The regularly registered user may request to unsubscribe at any time by going to the dedicated page in their Personal Space. Any unsubscription from the site will be effective immediately after the user has completed the form provided for this purpose.
3. DELETION OF PERSONAL SPACE AT THE INITIATIVE OF THE SITE EDITOR
The user is informed that the publisher reserves the right to delete the personal space of any User who contravenes these conditions of use and sale, and more particularly in the following cases:
• If the user makes illicit use of the site;
• If the user, when creating their personal space, voluntarily transmits incorrect information to the site;
• If the user has not been active on their personal space for at least a year.
In the event that the publisher decides to delete the user's personal space for one of these reasons, this cannot constitute damage to the user whose account has been deleted.
This deletion cannot constitute a waiver of legal action that the publisher could take against the user who contravenes these rules.
ARTICLE 8. RESPONSIBILITIES
The publisher is only responsible for the content that he himself published.
The publisher is not responsible:
• In the event of technical or IT problems or failures or compatibility 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;
• Intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating there;
• Illicit content or activities using its site, without having been duly aware of it within the meaning of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy and Law No. 2004- 801 of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data.
Furthermore, the site cannot guarantee the accuracy, completeness, or 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 it respects neither the letter nor the spirit of these T&Cs.
ARTICLE 9. HYPERTEXT LINKS
The site may contain hypertext links pointing to other websites over which tuinasimo.com does not exercise 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, prior information from the site editor is necessary before any hyperlink is set up.
Excluded from this authorization are sites disseminating information of an illicit, violent, controversial, pornographic, xenophobic nature or which may offend the sensibilities of the greatest number of people.
Finally, tuinasimo.com reserves the right to remove at any time a hyperlink pointing to its site, if the site considers it not to be in conformity with its editorial policy.
ARTICLE 10: CONFIDENTIALITY
In addition to these General Conditions, the site has a privacy policy which describes how personal data is processed when the user visits the site, as well as how cookies are used.
By browsing the site, the user declares to have also read the aforementioned privacy policy.
ARTICLE 11. INTELLECTUAL PROPERTY
The structure of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications which compose it are the property of the publisher and are protected as such by the laws in force regarding intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, registered trademarks and services offered by the site, by any means 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 et seq. of the Intellectual Property Code. And this, with the exception of elements expressly designated as royalty-free on the site.
Access to the site does not constitute recognition of a right and, generally speaking, 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 which would modify or be likely to modify its content or appearance.
ARTICLE 12. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions of Use are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the rules of jurisdiction in force.
The tuinasimo.com site wishes you excellent browsing!
II. TERMS OF SALES
PREAMBLE
The site is published by the seller, Mohammed Benadada, whose head office is located at the following address: 32 avenue Puvis de Chavannes 92400 Courbevoie, and registered with the Business Formalities Center, SIRET 89495561600012.
The seller is not subject to VAT under article 293 B of the CGI.
The following provisions are intended to define the general conditions of sale on the tuinasimo.com site.
These general conditions of sale (hereinafter “CGV”) define the contractual rights and obligations of the seller and his customer in the context of a distance and electronic sale of goods and products.
The General Terms and Conditions exclusively govern the relationship between the seller and the customer.
The General Terms and Conditions express the entirety of the obligations of the parties. The customer is deemed to accept them without reservation, otherwise his order will not be validated.
In the event of doubt about any of the conditions of sale, the practices in force in the distance selling sector by companies whose head office is in France and the Consumer Code apply.
The seller reserves the right to modify the General Terms and Conditions from time to time. The modifications will be applicable as soon as they are posted online.
ARTICLE 1. CATALOG OR ONLINE SHOP
Through the site, the seller provides the customer with a catalog or an online store accurately presenting the products sold, without the photographs having contractual value.
The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the seller cannot be held liable as a result.
The products are offered while stocks last.
The prices and taxes relating to the sale of the products are specified in the catalog or the online store.
ARTICLE 2. PRICE
The seller reserves the right to modify its prices at any time by publishing them online.
Only the prices in force indicated at the time of the order will apply, subject to availability of the products on that date.
Prices are indicated in euros (excluding taxes and all taxes included).
The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected in the price of the products in the catalog or the online store. If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the products.
The total amount of the order (all taxes included) is indicated before final validation of the order form.
Payment of the entire price must be made when ordering.
ARTICLE 3. ONLINE ORDER
The customer has the option of completing an order form online, using an electronic form. By completing the electronic form, the customer accepts the price and description of the products.
The customer must accept these general conditions of sale by clicking in the place indicated, for their order to be validated.
The customer must provide a valid email address and acknowledges by these general conditions of sale that any exchange with the seller may take place using this address.
The customer must also choose the delivery method and validate the payment method.
The seller reserves the right to block the customer's order in the event of non-payment, incorrect address or any other problem on the customer's account until the problem is resolved.
ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER
This is an order with obligation to pay, which means that placing the order involves payment by the customer.
1. PAYMENT
The customer makes payment at the time of final validation of the order by specifying their bank card number.
The customer guarantees to the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale and to the payment of the sums due under the order.
In the event of a dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person may contest within 70 days from the date of the transaction by sending a complaint according to the following terms, so that the seller bears the costs of the sale and returns the disputed sum:
- by telephone from Monday to Friday, from 9 a.m. to 7 p.m. at the following number: 06.66.38.05.67;
- by e-mail to the following address: [email protected].
Any dispute not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from all liability.
The seller has put in place a procedure for verifying orders and means of payment intended to reasonably guarantee against any fraudulent use of a means of payment, including by asking the customer for identification data.
In the event of refusal of authorization for payment by credit card from accredited organizations or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
2. CONFIRMATION
Upon receipt of validation of the purchase and payment by the customer, the seller sends to the latter, to the email address he has specified, confirmation of receipt of the order form and a copy of the contract to print.
Payment of the entire price must be made when ordering.
The seller is required to send an invoice to the customer upon delivery.
For any questions relating to the order, the customer can contact customer service using the following contact details:
by e-mail to the following address: [email protected];
ARTICLE 5. ELECTRONIC SIGNATURE
In accordance with the provisions of Law No. 2000-230 of March 13, 2000, the online provision of the buyer's bank card number and the final validation of the order constitute proof of the customer's agreement, of the payment of the amounts due under the purchase order, signature and express acceptance of all operations carried out.
ARTICLE 6. PROOF OF TRANSACTION
Communications, orders and payments between the customer and the seller can be proven using computerized records, kept in the seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
ARTICLE 7. METHOD OF PAYMENT
All payment methods available to the customer are listed on the seller's website. The customer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when placing the order.
ARTICLE 8. RIGHT OF WITHDRAWAL
In accordance with the provisions of article L. 121-21-8 of the Consumer Code, the user cannot exercise his right of withdrawal once the product has been made available to him, and the computer files downloaded, from the moment where the latter has given express prior consent to execution.
ARTICLE 9. FORCE MAJEURE
The parties will be exempt from their obligations, in the event that a circumstance constituting a case of force majeure as defined by article 1218 of the civil code, prevents their execution. The obligations of the parties will be suspended.
The party which invokes such a circumstance must notify the other party immediately, upon its occurrence and its disappearance.
All irresistible, unforeseeable, unavoidable facts or circumstances which cannot be prevented by the latter, despite all reasonably possible efforts, defined as such by French jurisprudence and in particular, the blocking of means of transport are considered to be cases of force majeure. or supplies, earthquakes, fires, storms, floods, lightning, and the shutdown of telecommunications networks.
If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
ARTICLE 10. PARTIAL NULLITY
If one or more stipulations of these general conditions of sale were to be declared void by application of the law, a regulation or a final decision of a French court, the other stipulations will retain their full force and scope.
ARTICLE 11. APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is established in France in a stable and lasting manner to effectively carry out its activity, regardless of the location of its head office in the case of a legal entity.
Also, these General Terms and Conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention.
In the event of a dispute or complaint, the customer will contact the seller as a priority to obtain an amicable solution.
In the absence of an amicable agreement, the customer, if he contracts as a consumer, may initiate proceedings before the court of his choice and if he contracts as a professional, may initiate proceedings before the court of the place of headquarters. social status of the seller.