General terms and conditions of sale of online services to individual consumers.
Preamble
These general terms and conditions of sale apply to all service contracts concluded on the Internet site. Mike Agency.
The website Mike Agency is a service provided by:
- The company Mike Agency
- located at: .
- website URL address: mike-agency.com
- email address: mike@mike-agency.com
- phone
The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing the order. Therefore, validating the order implies acceptance of the general terms and conditions of sale.
Article 1 - Content and Scope of Application
These general terms and conditions of sale automatically apply to the following services: PROTECT & DEFENSE.
They apply to the exclusion of all other conditions, in particular those applicable for sales on the internet or through other distribution and marketing channels.
The sale is deemed to be concluded on the date of acceptance of the order or immediate purchase by the seller.
Any order or immediate purchase implies unconditional adherence to these general terms and conditions of sale, which prevail over any other conditions, except those expressly accepted by the seller.
The buyer declares to have read these general terms and conditions of sale and accepted them before making his immediate purchase or placing his order.
Article 2 – Pre-contractual information
Prior to immediate purchase or placing the order and concluding the contract, these general terms and conditions of sale are communicated to the buyer, who acknowledges having received them.
The following information is transmitted to the buyer in a clear and understandable manner:
- Essential characteristics of the service;
- The price of the service or the method of calculating the price, and, if applicable, any additional costs for transport, delivery, postage, and any other potential fees;
- The date or deadline by which the provider undertakes to perform the service, regardless of its price, and any other contractual conditions;
- Information regarding the identity of the provider, their postal, telephone, and electronic contact details, and their activities;
- The procedures for handling complaints;
- The duration of the contract, when it is concluded for a fixed term, or the conditions for termination in the case of a contract for an indefinite period;
- Regarding digital content, any relevant interoperability of this content with certain hardware or software that the professional has or should reasonably have knowledge of.
The service provider must also communicate to the buyer, or make available to them, the following information:
- Legal status and form, contact information enabling quick contact and direct communication with them;
- If applicable, the registration number in the trade and companies register or in the directory of trades;
- For activities subject to an authorization regime, the name and address of the authority that issued it;
- For the provider subject to value-added tax and identified by an individual number in accordance with Article 286 ter of the General Tax Code, their individual identification number.
- For the provider who is a member of a regulated profession, their professional title, the EU Member State in which it was granted, and the name of the order or professional organization with which they are registered.
- Any financial guarantee or professional liability insurance taken out by them, the contact details of the insurer or guarantor, as well as the geographical coverage of the contract or commitment.
Article 3 - Order
By order, it is understood as any request for services listed on the seller's price list, and accepted by them, accompanied by payment of the deposit, if any, as provided on the order form.
For any order to be valid, it must be made on the seller's order forms, available to customers in their stores.
Any order received by the seller is deemed firm and final.
It entails full and complete adherence to and acceptance of these general terms and conditions of sale and an obligation to pay for the products ordered.
The buyer has a right of withdrawal of 14 days from the conclusion of the contract, except for exceptions provided for in Article L.211-28 of the Consumer Code.
Article 4 – Quote
For services requiring the establishment of a prior quote, the sale will only be considered final after the provider has prepared a quote and sent the buyer confirmation of the acceptance of the order.
The quotes established by the provider have a validity period of 15 days.
Article 5 - Execution of the Service and Termination of the Contract
Unless otherwise expressly stated in the sale, the execution of the service will be carried out within the timeframe of 6 to 10 weeks from the date the seller receives a properly placed order.
In case of failure by the seller to fulfill its obligation by the agreed date or upon expiration of the above-mentioned period, or, failing that, no later than 30 days after the conclusion of the contract, the buyer may terminate the contract, under the conditions of Articles L. 216-2 and L. 216-3 and L. 216-4 of the Consumer Code, by registered letter with acknowledgment of receipt or by written notice on another durable medium, if, after having ordered, under the same conditions, the professional to provide the service within a reasonable additional period, the latter has not fulfilled its obligation within this period.
The contract is considered resolved upon receipt by the professional of the letter or writing informing them of this resolution, unless the professional has performed in the meantime.
However, the buyer may immediately terminate the contract when the professional refuses to provide the service or fails to fulfill its obligation to provide the service by the agreed date, if this date or deadline constitutes an essential condition of the contract for the buyer. This essential condition arises from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract.
The costs and risks associated with this operation are the sole responsibility of the service provider.
Except in cases of force majeure, the deposit paid at the time of ordering is automatically acquired and cannot be refunded.
Article 6 - Exceptions to the Withdrawal Period
The 14 days withdrawal period does not apply to the situations listed below:
- The service relates to leisure activities that must be provided on a specific date or during a specific period.
Order cancellation
In the event of cancellation of the order by the buyer, after acceptance by the seller, for any reason other than force majeure, a sum corresponding to 10 % of the purchase amount will be retained by the seller, as damages, in compensation for the damage suffered.
Article 7 - Price
The prices are firm and final. Unless otherwise expressly stated in the sale, the prices of the services performed are those listed in the price catalog on the day of the order.
They are expressed in legal currency and stated all taxes included.
In addition to these prices, the following fees apply: Third-party services and subscriptionsin the conditions indicated in the provider's price list.
Article 8 - Payment
Unless otherwise expressly provided in the specific conditions, payment of the price is made in cash upon ordering. No order will be processed without full payment on that date.
Payments made by the buyer will only be considered final upon actual receipt of the sums due by the service provider.
An invoice will be provided to the buyer upon request.
Article 9 - Guarantees - General provisions
9-1 Legal warranty of conformity
Mike Agency guarantees the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal warranty of conformity provided for in Articles L. 217-4 and following of the Consumer Code.
In the event of implementation of the legal warranty of conformity, it is reminded that:
- The buyer has a period of 2 years from the delivery of the goods to take action;
- The buyer may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
- The buyer does not have to provide proof of the non-conformity of the goods during the first 24 months for new goods (6 months for second-hand goods) following the delivery of the goods.
9-2 Legal warranty for hidden defects
In accordance with Articles 1641 and following of the Civil Code, Mike Agency is responsible for hidden defects that may affect the sold goods. It will be up to the buyer to prove that the defects existed at the time of sale and are of such a nature as to render the goods unfit for the use for which they are intended. This warranty must be implemented within a period of two years from the discovery of the defect.
The buyer may choose between canceling the sale or a price reduction in accordance with Article 1644 of the Civil Code.
Article 10 - Intellectual Property
All technical documents, products, drawings, photographs provided to buyers remain the exclusive property of Mike Agencythe sole holder of the intellectual property rights to these documents, and must be returned to them upon request.
The buying customers undertake not to make any use of these documents that may infringe upon the industrial or intellectual property rights of the supplier, and undertake not to disclose them to any third party.
Article 11 - Competent Jurisdiction
All disputes to which the purchase and sale transactions concluded under these general terms and conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences, and aftermath, and which could not be resolved amicably between the seller and the customer, will be submitted to the competent courts under ordinary law.
For the definition of the competent jurisdiction, the seller elects domicile at .
.
Article 12 - Language of the Contract
These general terms and 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 prevail in case of dispute.
Article 13 - Mediation and Dispute Resolution
The buyer may resort to conventional mediation, notably through the Consumer Mediation Commission or through existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In case of dispute, the contact details of the mediator to whom the buyer may apply are as follows: « FEVAD e-commerce mediator », « First name and last name of the mediator », « Address », « Postal code and city », « Mediator's email address ».
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 14 - Applicable Law
These general terms and conditions are subject to French law.
This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer will first contact the seller to seek an amicable solution.
Article 15 - Protection of Personal Data
Data collected:
The personal data collected on this site are as follows:
- Account creation: When creating the user account, their name, first name, email address, phone number, and postal address are collected.
- Connection: When the user logs into the website, it records, among other things, their name, first name, login data, usage data, location data, and payment data.
- Profile: The use of services provided on the website allows the user to provide a profile, which may include an address and a phone number.
- Payment: In the context of paying for products and services offered on the website, it records financial data related to the user's bank account or credit card.
– Communication : When the website is used to communicate with other members, data regarding the user's communications is subject to temporary retention.
– Cookies : Cookies are used as part of using the site. The user has the option to disable cookies from their browser settings.
Use of Personal Data
The personal data collected from users is intended for the provision of services on the website, their improvement, and the maintenance of a secure environment. More specifically, the uses are as follows:
- Access and use of the website by the user;
- Management of the operation and optimization of the website;
- Organization of the terms of use of payment services;
- Verification, identification, and authentication of data transmitted by the user;
- Offering the user the possibility to communicate with other users of the website;
- Implementation of user support;
- Customization of services by displaying advertisements based on the user's browsing history, according to their preferences;
- Prevention and detection of fraud, malware, and management of security incidents;
- Management of any disputes with users;
- Sending commercial and advertising information, according to the user's preferences.
Sharing Personal Data with Third Parties
Personal data may be shared with third-party companies in the following cases:
- When the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracted;
- When the user publishes, in the free comment areas of the website, information accessible to the public;
- When the user authorizes a third-party website to access their data;
- When the website uses the services of providers to provide user support, advertising, and payment services. These providers have limited access to user data, as part of the provision of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable data protection regulations.
- If required by law, the website may transmit data to respond to claims against the website and comply with administrative and judicial procedures.
- If the website is involved in a merger, acquisition, asset sale, or bankruptcy proceeding, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before their personal data is transferred to a third party.
- Security and Confidentiality
The website implements organizational, technical, software, and physical measures regarding digital security to protect personal data against alterations, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of transmission or storage of information over the internet.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the rights mentioned below, which they can exercise by making their request to the following address: mike@mike-agency.com
- The right of access: they can exercise their right to access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy.
- The right to rectification: if the personal data held by the website is inaccurate, they can request the updating of the information.
- The right to erasure of data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
- The right to restriction of processing: Users can request the website to limit the processing of personal data in accordance with the scenarios provided by the GDPR.
- The right to object to data processing: Users can object to their data being processed in accordance with the scenarios provided by the GDPR.
- The right to data portability: Users can request that the website provide them with the personal data they have provided in order to transmit it to a new website.
Modification of this clause
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this clause on the protection of personal data, the website undertakes to publish the new version on its website. The website will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new version of the clause on the protection of personal data, they have the option to delete their account.
These Terms and Conditions for Online Services for Individuals were created on the Rocket Lawyer website.
Annexe
Retractation Form
(to be completed by the consumer,
and to be sent by registered letter with acknowledgment of receipt,
within a maximum period of 14 days following the date of conclusion of the service contract)
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Retractation Form
To the attention of:
Mike Agency,
located at .
,
phone number: ,
email address: mike@mike-agency.com.
I hereby notify you of my withdrawal from the contract for the service, ordered on: ………
First and last name of the consumer: ……………..
Consumer's address: ……………..
Date : ………………
Consumer's signature
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