Terms of Sale and Use

The company TISC MEDIAS, a SASU with a capital of 5,000 euros, whose registered office is located in Montpellier (34000), 10 parc Club du Millénaire, 1025 avenue Henri Becquerel, registered with the Montpellier Trade and Companies Register under number 850 568 320, represented by Mr Stéphan Calafell (hereinafter the “Company”). The Company offers the following services: web hosting, web support (organic SEO, Google Ads campaigns, Facebook Ads, etc.), creation of an online store and creation of a showcase website.

Preamble

The Company invites its Users to read these General Terms and Conditions of Sale and Use (hereinafter the “T&Cs”) carefully. The T&Cs apply to all Services provided by the Company to its Clients within the same category, regardless of any clauses that may appear on the Client’s documents, in particular its general terms and conditions of purchase.

The T&Cs are accessible at all times on the Site and prevail, where applicable, over any other version. The Client is required to read the T&Cs before placing any Order.

In the event of a subsequent amendment to the T&Cs, the Client is subject to the version in force at the time of their Order.

The data recorded in the computer system of the Company and of its payment provider constitutes proof of the transactions concluded with the Client.

Article 1. Definitions

“Client” means any natural or legal person who places an Order on this Website;

“Order” means any order for a Service placed by the User on this Site;

“General Terms and Conditions of Sale and Use” or “T&Cs” means these online general terms and conditions of sale and use;

“Consumer” means the natural person purchaser who does not act for professional purposes and/or outside their professional activity;

“Professional” means the legal or natural person purchaser who acts within the framework of their professional activity;

“Services” means all the service offerings made available to Users by the Company through this Site;

“Site” means this Site, that is to say https://www.tiscmedias.com/;

“Company” means the company TISC MEDIAS, more fully described at the head hereof; and

“User” means any person who uses the Site.

Article 2. Access to the Site and to the Services

Access to the Site and the placing of an Order are open to any natural person of legal age and legal capacity, as well as to any legal entity acting through a natural person holding the necessary powers.

Placing an Order does not require the creation of an account on the Site: the Client directly orders the Service of their choice and then proceeds to payment. Following their first Order, a subscriber area, managed by the payment provider, allows them to view and manage any subscriptions.

The Client warrants that all the information they provide, in particular during payment and invoicing, is accurate and up to date. The Company cannot be held liable for the consequences of incorrect or incomplete information provided by the Client.

Any login credentials allowing access to the subscriber area are strictly personal and confidential. The Client is solely responsible for keeping them safe. In the event of suspected fraudulent use, it is their responsibility to inform the Company as soon as possible.

Article 3. Services and price

The Services covered by the T&Cs are those that appear on the Site and that are offered directly by the Company or its partner providers. Each Service is described on the corresponding page, where its essential characteristics are mentioned. The Company cannot be held liable for the impossibility of carrying out a service when the Client is not eligible for it.

Prices are indicated on the page of each Service in euros inclusive of all taxes, the applicable VAT being that in force on the day of the Order; the price excluding tax may, where applicable, be indicated for information purposes. The price takes into account any discounts in force on the day of the Order. Incidental charges, where they exist, are indicated before the Order is validated.

The Company reserves the right to modify its prices at any time. It undertakes to invoice the services at the rate applicable at the time of the Order. For services whose price cannot be determined in advance, a detailed quote is sent to the Client.

Under no circumstances may a User demand the application of discounts that are no longer in force on the day of the Order.

Article 4. Order

To place an Order, the Client selects the desired Service on the Site, then confirms their Order. They are then redirected to the provider’s secure payment page in order to make payment and form the sales contract between them and the Company.

Validation of the Order implies full and unreserved acceptance of these T&Cs, as well as of the prices and terms for carrying out the Services as indicated on the Site. This validation constitutes proof of the sales contract.

Once the Order has been placed, the Client receives confirmation by email. This confirmation summarises the Order and the information relating to the performance of the service(s).

In the event of non-payment, incorrect information or any other problem relating to the Order, the Company reserves the right to suspend or cancel the Order until the situation is regularised. In the event that it is impossible to carry out a service, the Client is informed by email; the corresponding Order is then cancelled and refunded, the remainder of the Order remaining firm.

The Company may grant the Client price reductions, rebates and discounts depending on the number of Services ordered or on the regularity of the Orders, in accordance with the conditions it sets.

Article 5. Payment terms

Unless otherwise stipulated, all sales are paid in full at the time the Order is placed.

Payment is made by bank card, via the secure platform of our payment provider Stripe. The Company at no time has access to the Client’s complete bank card details.

Depending on the nature or amount of the Order, the Company remains free to require a deposit or payment of the full price when the Order is placed or upon receipt of the invoice.

In the event of total or partial non-payment by the agreed date, the Professional Client must pay the Company a late-payment penalty at a rate equal to the rate applied by the European Central Bank for its most recent refinancing operation, plus 10 percentage points. In addition, any sum not paid by its due date will automatically give rise to the payment of a fixed indemnity of 40 euros for recovery costs.

In the event of total or partial non-payment by the agreed date, the Consumer Client must pay the Company a late-payment penalty at a rate equal to the statutory interest rate.

The penalty owed by the Client, whether a Professional or a Consumer, is calculated on the inclusive-of-all-taxes amount of the sum remaining due and runs from the due date, without any prior formal notice being necessary. No offsetting may be carried out by the Client. In the event of non-compliance with the payment conditions, the Company reserves the right to cancel or suspend the sale.

Article 6. Performance of the services

The provision of services ordered on the Site is carried out by the Company, which undertakes to implement all human and material resources to carry it out within the timeframes announced when the Order is placed. However, it cannot be held liable for delays caused by faults that are not attributable to it, by a fault of the Client or by a case of force majeure.

Where the performance of the service requires the Client to provide elements (access, content, credentials, information), the timeframes only run from the receipt of these elements.

If the services have not been carried out within the planned timeframe, the cancellation of the sale may be requested by the Client under the conditions provided for in articles L216-2 and L216-3 of the French Consumer Code (Code de la consommation). The sums paid by the Client will then be refunded to them no later than within fourteen days following the date of termination of the contract.

Article 7. After-sales service and complaints

Any complaint relating to an Order may be addressed to the Company via the contact form, by email to contact@tiscmedias.com or by post to: TISC MEDIAS SASU, 10 parc Club du Millénaire, 1025 avenue Henri Becquerel, 34000 Montpellier. The Client states their reservations there, together with the relevant supporting documents.

After examining the complaint, the Company may, where applicable, redo or refund the provision of Services as soon as possible and at its own expense. This article is without prejudice to the right of withdrawal (article 8) and to the legal guarantees (article 9).

Article 8. Consumer’s right of withdrawal

In accordance with article L221-18 of the French Consumer Code (Code de la consommation), the Consumer has a period of fourteen (14) days from the conclusion of the contract to exercise their right of withdrawal, without having to give reasons for their decision or to bear any costs other than those provided for by law.

To exercise this right, the Consumer notifies their decision by means of an unambiguous statement, for example using the model form reproduced in the annex hereto, sent via the contact form or by post to the Company’s address.

The Consumer is refunded all the sums paid, no later than within fourteen (14) days following the date on which the Company is informed of their decision to withdraw, using the same payment method as the one used for the Order, unless expressly agreed otherwise.

Performance before the end of the period. If the Consumer wishes the performance of a service to begin before the end of the withdrawal period, the Company obtains their express request. In accordance with article L221-25, if they then exercise their right of withdrawal, the Consumer pays an amount proportional to the service provided up to the communication of their decision. Furthermore, pursuant to article L221-28, the right of withdrawal cannot be exercised for contracts for the supply of services fully performed before the end of the period and whose performance began after the Consumer’s prior express consent and express waiver of their right of withdrawal, nor for the supply of digital content not provided on a tangible medium whose performance began under the same conditions.

Article 9. Legal guarantees

Independently of any commercial warranty, the Consumer benefits from the following legal guarantees, where applicable:

• the legal guarantee of conformity of goods (articles L217-3 et seq. of the French Consumer Code, Code de la consommation);
• the legal guarantee of conformity of digital content and digital services (articles L224-25-1 et seq. of the French Consumer Code, Code de la consommation), in particular for the supply of a site, an online store or a hosting service;
• the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code, Code civil).

To implement these guarantees, the Client contacts the Company in accordance with the terms of article 7.

Article 10. Personal data

The use of the Site and the placing of an Order entail the processing of personal data, carried out in compliance with the General Data Protection Regulation 2016/679 (GDPR) and the French Data Protection Act (loi Informatique et Libertés) of 6 January 1978 as amended.

The data controller is the Company. The purposes, legal bases, recipients, retention periods, as well as the procedures for exercising rights (access, rectification, erasure, restriction, objection, portability) and the right to lodge a complaint with the CNIL are detailed in the Site’s legal notice.

The data is necessary for processing the Order, issuing invoices and providing the Services. It is only communicated to the strictly necessary subprocessors (in particular the payment provider and the host) and is neither sold nor transferred for advertising purposes. The Client may object at any time to receiving commercial offers, by writing to the Company or via the unsubscribe link present in the emails received.

Article 11. Cookies

The Site only places cookies that are strictly necessary for its operation (navigation, security, completion of payment). It uses no advertising cookies or third-party audience-measurement tools; no prior consent is therefore required. The User may configure their browser to block or delete these cookies, it being specified that disabling some of them may impair access to certain features of the Site, without this giving rise to any compensation.

Article 12. Liability

The Company cannot be held liable for the unavailability, whether temporary or permanent, of the Site. Although it implements all means to ensure the continuity of the service, the latter may be interrupted at any time, in particular for update, improvement or maintenance operations.

As indicated in article 6, the Company cannot be held liable for delays in carrying out a service for reasons beyond its control, unforeseeable and irresistible, or for which the fault cannot be attributed to it.

Article 13. Intellectual property

The trademark, the logo and the graphic charter of this Site are trademarks registered with the INPI and works protected under intellectual property, the ownership of which belongs exclusively to the Company. Any dissemination, exploitation, representation or reproduction, whether partial or full, without the express authorisation of the Company exposes the offender to civil and criminal proceedings.

Article 14. Applicable law, mediation and disputes

The T&Cs are governed by French law. Any dispute that may arise between the Company and a User during the performance hereof will be the subject of a prior attempt at amicable resolution.

In accordance with articles L611-1 et seq. of the French Consumer Code (Code de la consommation), the consumer Client may, after an unsuccessful prior written complaint, use, free of charge, the consumer mediator appointed by the Company:

CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice 14 rue Saint-Jean, 75017 Paris — https://www.cm2c.net — cm2c@cm2c.net

Failing amicable resolution, any dispute will be brought before the competent ordinary courts.

Article 15. Pre-contractual information

Prior to their Order, the Client acknowledges having been provided, in a legible and comprehensible manner, with the T&Cs and the information and details provided for in articles L111-1 to L111-7 of the French Consumer Code (Code de la consommation), and in particular:

• the essential characteristics of the Services;
• the price of the Services, expressed inclusive of all taxes;
• the date or deadline by which the Company undertakes to provide the Service;
• the information relating to the Company’s identity (postal and electronic contact details);
• the information relating to the legal guarantees and their methods of implementation;
• the possibility of resorting to consumer mediation in the event of a dispute;
• the information relating to the right of withdrawal (period, methods of exercise and model form).

The placing of an Order on the Site entails adherence to and acceptance of the T&Cs. The Client may not rely on a contradictory document.

Article 16. Modifications

The Company reserves the right to modify the Site, the Services offered on it as well as these T&Cs. When placing an Order, the User is subject to the provisions of the T&Cs in force at the time the Order is placed.

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Annex — Model withdrawal form

(To be completed and returned only if you wish to withdraw from the contract, within the 14-day period.)

For the attention of TISC MEDIAS SASU, 10 parc Club du Millénaire, 1025 avenue Henri Becquerel, 34000 Montpellier — contact@tiscmedias.com:

I hereby notify you of my withdrawal from the contract concerning the provision of services below:

• Service ordered on / received on: …………………………………………
• Name of consumer(s): …………………………………………
• Address of consumer(s): …………………………………………
• Signature of consumer(s) (only in the case of notification on paper): …………………………………………
• Date: …………………………………………