ARTICLE 1 - Champ d'application
These General Conditions of Sale (known as "GTC") apply, without restriction or reservation, to all subscriptions offered by the Seller to non-professional buyers ("Customers or the Customer"), wishing to benefit from the services offered by the Seller on the site https://pepite.club. The services offered for sale on the site are as follows:
Book summaries, blog posts, discussion tools, coaching.
The main characteristics of the services and in particular the specifications, illustrations and indications of duration or capacity of the services, are presented on the site https://pepite.club, which the customer is required to read before subscribing to a subscription.
The subscription to a subscription is the sole responsibility of the Customer. The service offers are valid for the duration and under the conditions specified at the time of subscription.
These GCS are accessible at any time on the site https://pepite.club and will prevail over any other document. The Customer declares to have read these GCS and to have accepted them by ticking the box provided for this purpose before the implementation of the online subscription procedure on the site https://pepite.club. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
Pepiteclub, Micro enterprise
Share capital of 0 euros
Registered with the RCS of Troyes, under number 910824739
10180 ST LYE
Email : [email protected]
Intra-community VAT number FR40910824739
The subscription services offered on the https://pepite.club site are available for territories with internet access.
In the event of subscription from a country other than metropolitan France, the Customer is responsible for ensuring that the use of the services complies with the laws and regulations in force in his country. The Customer is also responsible for paying any taxes and duties that may be required in his country.
For all subscription services subscribed from a country outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Local taxes or import duties or state taxes may be payable and are the sole responsibility of the Customer.
ARTICLE 2 - Price
Subscriptions are offered at the current prices appearing on the site https://pepite.club when the order is registered by the Seller.
Prices are expressed in Euros, excluding and including tax.
The prices take into account any reductions that may be granted by the Seller on the site https://pepite.club.
These rates are firm and non-revisable during their period of validity, except in the event of modification of the applicable taxes, and this in accordance with the legislation in force. The Seller reserves the right to modify its prices at any time, it being understood, however, that the price appearing on the site on the day of the order will be the only one applicable to the Customer.
Payment for subscriptions is made by direct debit via Stripe. Payment is made when the subscription is taken out, then each month (for a monthly subscription) or each year (for an annual subscription) on the anniversary date of the subscription.
In the event of non-payment or payment incident, the Seller reserves the right to suspend access to the Products until full payment of all sums due. The Seller also reserves the right to terminate the subscription in the event of persistent non-payment or in the event of fraud or abuse observed.
The Customer may at any time terminate his subscription from his personal space on the site https://pepite.club. Termination will take effect at the end of the current period (current month or year, depending on the frequency of the subscription), without the Customer being able to claim any refund.
An invoice is drawn up by the Seller and given to the Customer when the subscription is taken out, as well as at each payment date.
ARTICLE 3 – Subscriptions
It is up to the Customer to subscribe to the site https://pepite.club to access the paid content offered by the Seller according to the following terms:
The registered and connected Customer chooses to subscribe to the premium offer for a monthly or annual period, and accepts these general conditions of sale. The Client will then enter their bank details via a partner service (Stripe). After validation of the information, the order will be considered final and will require payment from the Customer according to the terms provided.
Subscription offers are valid as long as they are visible on the site, within the limit of available places.
The subscription 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 subscription to a subscription on the site https://pepite.club constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any subscription to a subscription from a Customer with whom there is a dispute relating to the payment of a previous order.
The Client will be able to follow the progress of his subscription on the site.
The Customer benefits from a free trial period of 7 days from the first subscription to the premium offer. If the Customer does not wish to continue his subscription at the end of this period, he must cancel his subscription from his account before the end of the trial period.
Any cancellation of the subscription by the Customer will only be possible before the end of the current subscription period.
ARTICLE 3 Bis - Customer space - Account
In order to subscribe to the subscription offered on the site https://pepite.club, the Customer is invited to create a personal account.
To do this, he must register by completing the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his marital status and contact details, in particular his email address.
The Customer is responsible for updating the information provided. He is told that he can modify them by logging into his account.
To access his personal space and the history of his subscriptions, the Customer must identify himself using his username and password which will be communicated to him after his registration and which are strictly personal. As such, the Customer refrains from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.
The Customer benefits from a free trial period of 7 days from the first subscription. After this period, the subscription will be automatically renewed for a period of one month or one year depending on the offer chosen during the initial subscription, and this, at the rate in force on the site https://pepite.club on the subscription renewal date.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: [email protected]. This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and/or use, the https://pepite.club site will have the possibility of suspending or even closing a customer's account after formal notice sent electronically and remained without effect.
Any deletion of an account, for whatever reason, results in the pure and simple deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or the server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
The creation of the account and the subscription to the subscription entail the acceptance of these general conditions of sale.
ARTICLE 4 - Terms of payment
The price of the subscription is paid by secure payment, according to the following terms:
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monthly payment of 5 euros per month;
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annual payment of 50 euros per year.
Payment is cash, and is due by the Customer at the time of subscription.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the https://pepite.club site.
Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.
The Seller will not be required to allow access to premium content if the Customer has not paid the price of the subscription in full under the conditions indicated above.
ARTICLE 5 - Deliveries
The services ordered by the Customer will be accessible immediately after validation of the payment, without delivery delay.
The Seller undertakes to make its best efforts to ensure that the services are accessible immediately after validation of payment.
The Seller will not be liable in the event of a problem related to the internet connection or any other technical problem preventing access to the services ordered.
The Customer is required to check the status of the services ordered. He has a period of 7 days from the validation of the payment to report any malfunction by email, email or telephone, accompanied by all the supporting documents relating thereto (screenshots in particular). After this period and failing to comply with these formalities, the services will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the services ordered whose defects or malfunctions have been duly proven by the Customer.
The Seller does not have to ensure the physical delivery of the services ordered, these being accessible immediately after validation of the payment.
In the event of a specific request from the Customer concerning the conditions of supply of the services ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on an estimate previously accepted in writing by the Customer.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the subscription service from the Seller to the Customer will only take place after full payment of the price by the latter.
This property concerns access to the content of the premium offer of the site https://pepite.club.
Under no circumstances may the Customer resell, rent or transfer to third parties his right of access to the content of the subscription service.
ARTICLE 7 - Right of withdrawal
In accordance with Article L. 221-18 of the Consumer Code, the Customer has a right of withdrawal for 14 days from the date of taking out his subscription. This right of withdrawal can be exercised online, using the following withdrawal form:
or any other declaration, unambiguous, expressing the will to retract and in particular by postal mail addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the GCS.
In the event of exercise of the right of withdrawal within the aforementioned period, the Seller will reimburse the Customer for all payments received, including delivery costs (with the exception of additional costs resulting from the Customer's choice of a delivery method other than the standard delivery method offered by the Seller) without undue delay and, in any event, no later than 14 days from receipt of the withdrawal request.
Reimbursement will be made using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and insofar as the reimbursement does not give rise to costs for the Customer.
The Customer may only exercise his right of withdrawal if his subscription has not been used and the services offered have not been consumed during the 14-day withdrawal period.
The Customer is informed that in accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of services fully executed before the end of the withdrawal period and whose execution began after the consumer's express prior agreement and express waiver of his right of withdrawal.
The Customer is required to take care of the identifiers and passwords necessary for access to his personal space and undertakes not to communicate them to third parties. In the event of loss or theft of his identifiers and/or passwords, the Customer is invited to inform the Seller without delay by any means at his convenience.
In the event of fraudulent use of the Customer's subscription, the Seller cannot be held responsible and will not issue any refund.
ARTICLE 8 - Seller's liability - Warranties
The Service Provider undertakes to provide a service that complies with the legal requirements in force and is liable for any malfunctions of the service.
In accordance with the provisions of articles L. 217-4 and following of the Consumer Code, the Customer benefits from the legal guarantee of conformity, applicable when the service provided presents operating defects, is damaged or damaged or does not correspond to the subscribed subscription. The Customer also benefits from the legal guarantee against hidden defects resulting from a design or manufacturing defect affecting the service provided and rendering it unsuitable for use.
The Customer has a period of two years from the date of taking out the subscription to assert his rights under the legal warranty.
In order to assert his rights, the Customer must inform the Service Provider, in writing (mail or e-mail), of the non-compliance of the service provided or of the existence of hidden defects from the time of their discovery.
The Service Provider undertakes to remedy any lack of conformity or hidden defects in the service provided. It may, at the Customer's choice, repair or replace the service. If the repair or replacement of the service proves impossible, the Service Provider will then reimburse the amount corresponding to the remaining subscription period.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
Reimbursements, replacements or repairs of the service deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days following the finding by the Service Provider of the lack of conformity or the hidden defect.
The Service Provider cannot be held liable in the following cases:
non-compliance with the legislation of the country in which the service is provided, which it is the Customer's responsibility to verify;
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the service, accident or force majeure.
The Service Provider does not guarantee that the service offered will be free of errors or interruptions. However, he undertakes to implement all necessary means to guarantee the security and reliability of the service.
The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Service Provider.
The Service Provider's guarantee is, in any case, limited to the replacement, repair or reimbursement of the non-compliant service or affected by a latent defect.
ARTICLE 9 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery / delivery, entrusted to the Seller. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the https://pepite.club site are as follows:
Account opening
When creating the Client / user account:
first names, surnames, postal address (not required), telephone number (not required), e-mail address, data for bank payment, date of birth (not required), biography (not required), avatar (not required).
Payment
As part of the payment of the Products offered on the site https://pepite.club, it records financial data relating to the bank account or the credit card of the Customer / user.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.
9.5 Duration of data retention
The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
9.6 Security and privacy
The Seller implements organizational, technical, software and physical digital security measures 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 Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of Customer and user rights
In application of the regulations applicable to personal data, Customers and users of the https://pepite.club site have the following rights:
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They can update or delete the data concerning them as follows:
By logging into their account, on the Settings tab, then "Delete account".
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They can delete their account by writing to the email address indicated in article 9.3 "Data controller".
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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".
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If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".
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They may request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller".
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They can also request the portability of the data held by the Seller to another service provider.
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Finally, they can object to the processing of their data by the Seller
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The 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 be motivated.
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 seize a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always be able to withdraw his consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual property
The content of the https://pepite.club 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 is likely to constitute an offense of counterfeiting.
ARTICLE 11 - Applicable law - Language
These T&Cs and the resulting operations are governed by and subject to French law.
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 12 - Disputes
For any complaint, the Customer is invited to contact customer service at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GCS.
In the event of a dispute, the Customer may resort to any alternative dispute resolution method, such as conventional mediation or conciliation, with existing sectoral bodies. In the absence of a mediator appointed by the Seller, the Customer may seize the competent courts to settle the dispute in accordance with the rules of common law.
The Client is also informed that he can use the Online Dispute Resolution (RLL) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale transactions concluded in application of these GCS and which have not been the subject of an amicable settlement between the Seller and the Customer will be submitted to the competent courts under the conditions of common law. .
ANNEXE I
Withdrawal form
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://pepite.club except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of Micro company, Pepiteclub
2 RUE DES HAUTS DU MOULIN 10180 ST LYE
I hereby notify the withdrawal of the contract relating to the property below:
- Order of (indicate the date)
- Order number: ............................................ ...............
- Client name : ............................................. ..............................
- Customer's address: ............................................ ..........................
Signature of the Client (only in the event of notification of this form on paper)