General Conditions of Sale - Internet
Effective as of 03/04/2024
Article 1 - Scope of application
These General Conditions of Sale (known as “CGV”) apply, without restriction or reservation, to any purchase of the following services: Design of graphic identity and complete and documented graphic system. Design and development of websites and landing pages. Writing websites and marketing and communication messages. Advice. Design of interfaces of all kinds, including mobile applications or web applications. Expertise on no-code. Advice on marketing and entrepreneurship strategies, particularly specialized towards startups, as offered by the Service Provider to non-professional clients (“The Clients or the Client”) on the goldenux.com website.
The main characteristics of the Services are presented on the goldenux.com website. The Customer is required to read it before placing any order. The choice and purchase of a Service is the sole responsibility of the Customer.
These General Terms and Conditions are accessible at any time on the goldenux.com website and will take precedence over any other document. The Customer declares to have read these General Terms and Conditions and to have accepted them before implementing the online ordering procedure for the goldenux.com site. Unless proven otherwise, the data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Client.
The contact details of the Service Provider are as follows:
Goldenux, SAS Share capital of 1000 euros Registered with the RCS of Paris, under number 983 025 552
14 rue bausset 75015 Paris
email: hello@goldenux.com
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.
Article 2 - Price
The Services are provided at the current prices appearing on the goldenux.com website, when the order is registered by the Service Provider.Prices are expressed in Euros, excluding tax and including tax. The prices take into account any reductions that may be granted by the Service Provider on the goldenux.com site. These prices are firm and cannot be revised during their period of validity but the Service Provider reserves the right, outside the period of validity, to modify the prices at any time. The prices do not include processing, shipping, transport and delivery, accommodation costs which are invoiced additionally, under the conditions indicated on the site and calculated before placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is drawn up by the Service Provider and given to the Client upon provision of the Services ordered.
Certain orders may be subject to a previously accepted quote. The quotes established by the Service Provider are valid for a period of 30 days after their establishment.
Article 3 - Orders
It is up to the Customer to select the Services he wishes to order on the goldenux.com website, according to the following terms: The customer chooses his service directly on the website. He accepts these conditions of sale before entering his banking information. He pays half of the service and is from there subject to our reimbursement conditions.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors. Any order placed on the goldenux.com website constitutes the formation of a contract concluded remotely between the Customer and the Service Provider.
The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. The Customer will be able to follow the progress of his order via the means of communication he has chosen.
Article 4 - Payment conditions
The price is paid by secure payment method, according to the following terms:
- payment by credit card
- or payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer when placing the order)
- The price is payable according to the following conditions and schedule: Half of the payment is made upon placing the order and is debited immediately. The other half of the payment is made upon provision of the service, i.e. before delivery. In the event of late payment and payment of sums due by the Customer beyond the deadlines set above, and after the payment date appearing on the invoice sent to the Customer, late payment penalties calculated at the applicable legal rate in the amount including tax of the purchase price appearing on the said invoice, will be acquired automatically and automatically from the Service Provider, without any formality or prior notice. Late payment will result in the immediate payment of all sums owed by the Client, without prejudice to any other action that the Service Provider may be entitled to take, in this respect, against the Client. In addition, the Service Provider reserves the right, in the event of non-compliance with the payment conditions appearing above, to suspend or cancel the provision of the Services ordered by the Client. Payment data is exchanged in encrypted mode using the defined protocol by the approved payment service provider (Stripe) involved in banking transactions carried out on the goldenux.com site.
Payments made by the Customer will only be considered final after actual collection of the sums due by the Service Provider. The Service Provider will not be required to provide the Services ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
Article 5 - Provision of services
The Services ordered by the Customer will be provided according to the following methods: via email or file hosting platform with secure link or directly via USB transfer. Delivery times for the service can range from 1 week to several months depending on the type of service. An estimated duration is indicated on the detail page of each service. The deadline is given for information purposes only and the Goldenux reserves the right to exceed these deadlines as far as is reasonable depending on different variables such as: customer response times, any technical constraints that may extend creation time, customer requirements requiring several return trips, any departure on vacation or temporary travel may pause the activity from the final validation of the Customer's order, under the conditions provided for in these General Terms and Conditions at the address indicated by the Customer when ordering on the goldenux.com website.
The Service Provider undertakes to make its best efforts to provide the Services ordered by the Client, within the framework of an obligation of means and within the deadlines specified above.
If the Services ordered have not been provided within In the event of a delay of more than double the maximum date of the estimated window, the customer reserves the right to explicitly request by e-mail the reimbursement of his deposit of 50% paid at the start of the service. He remains liable for the remainder of the amount of the service. This condition is applicable in the case where Goldenux can assume full responsibility for the delay in delivery and cannot be the responsibility of the customer or any third party independent of its control after the indicative date of supply, for any cause other than the force majeure or the act of the Customer, the sale of the Services may be canceled at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
In the event of a specific request from the Client concerning the conditions of provision of the Services, duly accepted in writing by the Service Provider, the related costs will be subject to subsequent additional specific invoicing.
The provision of the Services may take place at any other location designated by the Client, subject to prior notice. In the event of a change in the location of provision of the services, or any on-site travel, the Client must notify within a period of two weeks preceding the date at the exclusive expense of the latter. In the absence of reservations or complaints expressly expressed by the Customer upon receipt of the Services, they will be deemed to conform to the order, in quantity and quality. The Client will have a period of 14 days from the provision of the Services to submit complaints by email, with all relevant supporting documents, to the Service Provider. No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.
The Service Provider will reimburse or rectify as quickly as possible and at its expense the Services whose lack of conformity has been duly proven by the Client.
Article 6 - Right of withdrawal
According to the terms of article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good. » The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the desire to withdraw and in particular by postal mail addressed to the Service Provider using the postal or email address indicated in ARTICLE 1 of these General Terms and Conditions. If the right of withdrawal is exercised within the aforementioned period, only the price of the Services ordered will be refunded. The reimbursement of the amounts actually paid by the Customer will be made within 14 days from receipt by the Service Provider of notification of the Customer's withdrawal.Article 7 - Liability of the service provider - guarantees
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer, against any lack of conformity or hidden defect, resulting from a defect in the design or production of the Services ordered under the following conditions and terms: Provisions relating to legal guarantees
Article L217-4 of the Consumer Code “The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. » Article L217-5 of the Consumer Code “The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. » Article L217-12 of the Consumer Code “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. » Article L217-16 of the Consumer Code. “When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention. » In order to assert his rights, the Customer must inform the Service Provider, in writing (email or post), of the existence of defects or lack of conformity. The Service Provider will reimburse or rectify or have rectified (to the extent possible) the services deemed defective as soon as possible and at the latest within 14 days following the Service Provider's observation of the defect or defect. This reimbursement can be made by transfer or bank check. The Service Provider's guarantee is limited to the reimbursement of the Services actually paid for by the Client. The Service Provider cannot be considered responsible or defaulting for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French jurisprudence. The Services provided via the Service Provider's goldenux.com site comply with the regulations in force in France. The Service Provider cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Client, who is solely responsible for the choice of the Services requested, to verify.
Article 7 - Personal data
The Client is informed that the collection of his personal data is necessary for the sale of the Services and their production and delivery, as well as their transmission to third parties involved in the provision of the Services. This personal data is collected solely for the execution of the service contract.
9.1 Collection of personal data
The personal data collected on the goldenux.com site are as follows:
Order of Services:
When ordering Services by the Customer: Names, first names, postal address, telephone number and e-mail address.
Payment
As part of the payment for the Services offered on the goldenux.com site, it records financial data relating to the bank account or credit card of the Client / user.
8.2 Recipients of personal data
Personal data is used by the Service Provider and its co-contractors for the execution of the contract and to ensure the effectiveness of the provision of services, its performance and delivery. The category(ies) of co-contractor(s) is(are):
Payment institution providers The data controller is the Service Provider, within the meaning of the Data Protection Act and as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
8.4 limitation of processing
Unless the Customer expressly agrees, his personal data is not used for advertising or marketing purposes.
8.5 Data retention period
The Service Provider will keep the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.
8.6 Security and confidentiality
The Service Provider implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.
8.7 Implementation of Customer and user rights
In application of the regulations applicable to personal data, Customers and users of the goldenux.com site have the following rights:
They can update or delete the data that concerns them in the following way: By clearly sending us their request by email to the address hello@lgoldenux.com
- They can delete their account by writing to the email address indicated in article 9.3 “Data controller”
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”
- If the personal data held by the Service Provider is inaccurate, they may request an update of the information by writing to the address indicated in article 9.3 “Data controller”
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller”
- They can also request the portability of data held by the Service Provider to another service provider
- Finally, they can object to the processing of their data by the Service Provider. These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or e-mail to Data controller whose contact details are indicated above. The data controller must provide a response within a maximum of one month. In the event of refusal to grant the Customer's request, the latter must provide reasons. The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or contact a judicial authority. The Client may be asked to check a box under which he agrees to receive informative and advertising emails from the Service Provider. He will always have the possibility to withdraw his consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.
Article 9 - Intellectual property
The content of the goldenux.com site is the property of the Seller 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 offense of counterfeiting.
Article 10 - Applicable law - Language
These General Terms and Conditions and the operations resulting from them are governed and subject to French law. These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
Article 11 - Disputes
For any complaints, please contact customer service at the postal or email address of the Service Provider indicated in ARTICLE 1 of these General Terms and Conditions.The Customer is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. In this case, the designated mediator is Registry of the Paris Commercial Court 1, quai de la Corse 75198 Paris Cedex 04 https://www.greffe-tc-paris.fr E-mail: 01 86 86 75 75. The Client is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show All disputes relating to purchase and sale operations concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common.