43 CONDORCET STREET
N ° SIRET:
Responsible for publication: Madeleine Morleyfirstname.lastname@example.org
Design & Webmaster: Madeleine Morleyemail@example.com
Inc. 1355 Market Suite 488, SF CA 94103, California USA, e-mail address: firstname.lastname@example.org
N ° SIRET: 82833355900015
All rights reserved, including visual, photographic, iconographic or other representations.
General Terms of Sale
- VENDOR IDENTIFICATION
ENTOMOJO SAS Company
Simplified Joint Stock Company with a capital of 2245 euros
Headquarters 43 Condorcet Street - 75009 PARIS
Registered at the RCS in Paris under No. 833 515 505 0026.
- APPLICATION OF CONDITIONS
SALE GENERALS The customer's order implies the acceptance of all of these terms and conditions.
- TENDER VALIDITY
Our offers are intended for consumers with a physical delivery address in Europe. Items visible on the site are available while stocks last. The period of validity of the offers and the price is guaranteed within 8 days. In the event of a debit or collection for the order of an unavailable item, ENTOMOJO SAS undertakes to offer a credit note or to reimburse the Customer within 15 days. ENTOMOJO SAS undertakes to notify by email the Customer who has ordered an unavailable item.
ENTOMOJO SAS reserves the right to change the sale prices on the site's offers at any time. ENTOMOJO SAS reserves the right to cancel any order placed as a result of a labelling error and causing the item sold to be billed at a price unrelated to the actual value of that item.
- MERCHANDISE PRESENTATION
The information on the Site relating to the dog and cat food products contained in the products is that provided by the manufacturers and suppliers of these products. ENTOMOJO SAS can therefore in no way be held liable for any consequences that may arise from the knowledge or use of this information.
- PRODUCT PRICING
Prices are presented in euros () all taxes included. The amount of VAT is indicated when the Customer selects a product. Should the VAT rate be changed, these changes may be passed on to the price of the items without the customer being informed.
- SECURE ORDERING AND PAYMENT
The Customer validates his order as stated below. This validation entails acceptance of these general terms and conditions of sale. The Customer interested in an item visible on the ENTOMOJO SAS website follows the following process in order to establish his/her order. After clicking on the "add to basket" icon and after checking the specifics of his order (type, quantity, size, price, etc...), the Customer validates the choice of the product(s) selected in the basket by clicking on it. If the customer benefits from a special offer, he must first enter a code that will have been assigned to him in the field provided for this purpose. During his first order, the customer has a form to fill in containing the following information: title, surname, first name, full delivery address, email, date of birth, telephone number. The customer has the option to pay by credit card directly on the site. After validating his method of payment, the customer definitively and irrevocably validates his order with the effects indicated below. o Payment by credit card on the site The customer validates his delivery and billing address, the product and the total price. He/she provides his/her bank card number associated with the expiry date and the CLC code. He finally validates his order by clicking on the button "Confirm" Paypal With PayPal your financial information is never communicated to ENTOMOJO SAS. PayPal encrypts and protects your card number once and for all. Pay online by simply entering your email address and password.
ENTOMOJO SAS reserves the right to refuse to make a delivery or to honour an order from a consumer who has not fully or partially settled a previous order or with whom a payment dispute is pending administration.
6.3: Payment verification
ENTOMOJO SAS monitors all orders that have been validated on its website. These controls are designed to protect ENTOMOJO SAS from abusive practices by fraudsters. Our services may be required to ask you for all the parts necessary to unlock your order: proof of residence or debit in your name, or proof of residence in the name of the person indicated for the delivery address etc.
- PAYMENT SECURITY
To ensure payment security, ENTOMOJO SAS uses the Secure Payment Service Stripe. This service incorporates the SSL safety standard. Confidential data (the 16-digit credit card number and the expiry date, the CVX code) are transmitted directly to the bank's server without transiting on the physical media of the ENTOMOJO SAS server. When the order is validated: The payment request is carded in real time on the secure payment manager. It sends a request for authorisation to the credit card network. The telepayment manager issues an electronic certificate that will be valid for proof of the amount and date of the transaction in accordance with the provisions of Sections 1316 and following of the Civil Code.
8.1: Metropolitan France and Corsica
The delivery times indicated at the time of the order are indicative notwithstanding any fortuitous event or force majeure that would delay delivery independently of the will and diligence of ENTOMOJO SAS (customs, carrier delay, weather...). ENTOMOJO SAS does everything possible to ensure that your package arrives on time but the delivery date is not guaranteed.
It is carried out within a maximum of fifteen (15) working days from receipt of the order, notwithstanding any fortuitous event or force majeure which would delay the delivery independently of the will and diligence of ENTOMOJO SAS.
- RETURNS / EXCHANGES
Any reservations about the products must be notified to ENTOMOJO SAS within three (3) days of receipt of the product. The defect of the product is ( if the defect of the product is proven ? ), the Client will be able to obtain a new product within the limits of available stocks.
Failure to receive a product must be notified within 30 days of the scheduled receipt date of the box. If the box is not received, the Customer will be able to obtain a new product within the limit of available stocks.
ENTOMOJO SAS will cover the return costs incurred by the Customer on one condition: the customer will have to provide the invoice for the Tracked Letter or the Colissimo Tracking paid to return the parcel. The Customer will be able to provide this invoice to ENTOMOJO SAS by email, scanned (or photographed with your phone) to email@example.com specifying the corresponding return number.
In the case of returns for reimbursement, ENTOMOJO SAS will reimburse the Customer for any sums already paid, after deduction of any shipping costs. ENTOMOJO SAS will reimburse the products within a maximum of thirty (30) days of receipt of the said products by ENTOMOJO SAS. Refunds will be made according to the same method of payment chosen by the Customer at the time of the order or by means of a purchase voucher.
As regards exchanges, ENTOMOJO SAS will not bear any reimbursement costs.
NB: In order to avoid any abuse when refunding the return postal costs incurred by the consumer, ENTOMOJO SAS reserves the right, in the event of an invoice that is clearly too high, to weigh the returned parcel and apply a refund. equal to the weight bracket on La Poste's tariff schedules (LaPoste.fr). Refunds are up to 12 euros. ENTOMOJO SAS also does not undertake to reimburse the packaging sold by La Poste (including Colissimo or Letter Max packaging) but only postage.
- TREATMENT OF PARCELS NOT DELIVERED BY OUR TRANSPORT PROVIDER
These are packages that have not been delivered to the final recipient for the following reasons: Does not live at the indicated address (hereafter NPAI), unclaimed, refused, transport damage, spoliation...
11.1: Returns due to NPAI:
These are parcels returned by the delivery provider under the statement: Do not live at the Indicated Address. After receiving and accepting your parcel by our services, ENTOMOJO SAS will contact the customer in order to return his order (port at the customer's expense) if the product is still available or to proceed with the refund of the order as desired. customer's. ENTOMOJO SAS reserves the right to refund the order and not to return the order in the event that several NPAi are identified.
11.2: Returns due to "NO RECLAME":
These are parcels that have not been requested by the customer at the Post Office, or at the relay point within the allotted time. After receiving and accepting your parcel by our services, ENTOMOJO SAS will contact the customer in order to return his order (port at the customer's expense) if the product is still available or to proceed with the refund of the order as desired. customer's. ENTOMOJO SAS reserves the right to refund the order and not to return the order in the event that several "NO RECLAME" are identified.
11.3: Returns due to "REFUSE":
You refused your package at the time of delivery. After receipt and acceptance of your package by our services, a voucher will be credited to your customer account within seventy-two (72) hours of receipt of your package. You may request the cancellation of your voucher and its refund. In case of return of a package due to "NPAI", "NON CLAIM", or "REFUSAL", ENTOMOJO SAS does not guarantee the reservation of the items ordered and may be required to refund the order if the product(s) are not available.
EnTOMOJO SAS has only a means requirement for all stages of access to the site, consultation, form-filling, ordering, delivery of items or any other service. As a result, ENTOMOJO SAS cannot be held liable for any inconvenience or damage inherent in the use of the Internet network and totally outside the diligence and precautions taken by ENTOMOJO SAS. In particular, any disruption in the provision of the service, or any external intrusion or presence of computer viruses, cannot be the responsibility of ENTOMOJO SAS. Similarly, any fact described as force majeure within the meaning of the jurisprudence of the Court of Cassation completely exempts ENTOMOJO SAS from liability. Customers benefit from the guarantees granted by the brands on the site.
- COPYRIGHT PROTECTION
All elements of the ENTOMOJO SAS site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of ENTOMOJO SAS. Any hyperlink referring to the ENTOMOJO SAS website, including the technique of framing, deep-linking, in-line linking or any other deep link technique, is in any case strictly forbidden. In any case, any link, even tacitly authorized, must be removed at the request of ENTOMOJO SAS.
- INDIVIDUAL-RELATED DATA
ENTOMOJO SAS, for the purposes of the service, reserves the right to collect personal data relating to the users of the site, in particular by means of the "cookie" referred to in article 8. In all cases, and in accordance with the law n°78-17 of January 06th, 1978, any user or customer of the site can at any time oppose the commercial use of the aforementioned data and benefits moreover from a right of access, rectification and deletion of the data concerning him. All requests relating to this article should be sent by e-mail to firstname.lastname@example.org.
II - About the Subscription Service offered by ENTOMOJO SAS
ENTOMOJO SAS provides a "ENTOMOJO SAS" package delivery service containing animal feed in metropolitan France, Corsica and Monaco (the "Service").
II.1 - Description of the Service
The Customer can subscribe through the Site to the one-time service to send a package "ENTOMOJO SAS" to the unit.
II.2 - Unit Subscription Terms
Customers can also subscribe through the Site to a monthly subscription plan.
The subscription to the monthly subscription allows you to subscribe to the monthly service of sending a package "ENTOMOJO SAS" until a Party decides to terminate this contract. By accepting this offer the Customer accepts a monthly debit of a set amount at the time of the initial order. Thus, as long as the subscription continues, the Customer will be deducted from the amount set automatically each month, on the first day of the month, and the Customer will receive his package each month on the date previously defined between the Parties.
Customers can disable their subscription at any time from their User Account. To be taken into account, the deactivation must be made before midnight on the last day of the month before the renewal, otherwise the application will be taken into account for the next renewal only.
By subscription to the monthly subscription, it is recalled that the Customer accepts these General Terms of Sale, which the Customer acknowledges having read, understood and accepted them without reservation and with full knowledge of the facts.
II.3 - Subscription Terms
The Service's rates are those presented on the Site.
Rates can be changed. If so, the changes are only for future orders, orders already paid will not be affected by the rate changes.
The prices shown include the delivery fee and are specified to the Customer when the order is finally validated.
The customer will receive an email confirming the payment after the order is validated.
In the absence of payment by the Customer, the contract between the Customer and ENTOMOJO SAS will be terminated automatically and as of right, without prejudice to any recourse by ENTOMOJO SAS against the Customer for any damage caused by such a default.
II.4 - Rates and payment
The service covers only metropolitan France and Monaco.
ENTOMOJO SAS" packages will be delivered to the Clients before the last day of the month at the address indicated in the "My Account" information form filled in by the Client when registering. The information provided to ENTOMOJO SAS must be accurate. The Client must ensure that the information is correct and that it is correct at the time of subscription. ENTOMOJO SAS cannot be held responsible for any incorrect information provided. In the event of a change of address, it is the responsibility of the Client to notify ENTOMOJO SAS at least fifteen days before the beginning of the month in question by modifying his/her details on the "My Account" information form and by sending an e-mail to the following address: hello at tomojo dot com; email@example.com (Subject: change of address).
In the event that the package is returned to ENTOMOJO SAS, a second delivery will be made. If the package is returned to the sender again there will be no new shipment.
The delivery time is given as an indication but is not guaranteed. ENTOMOJO SAS will not be liable for delivery delays and the consequences that may result.
For deliveries outside metropolitan France, the Customer undertakes to pay all customs duties, value-added taxes, import taxes, and all other taxes due under applicable laws. ENTOMOJO SAS will not be liable if the payment of such taxes is not made by the Customer.
II.5 - Delivery
The information on the Site relating to animal food products contained in the "ENTOMOJO SAS" packages is that provided by the manufacturers and suppliers of these products. ENTOMOJO SAS could therefore not, under any circumstances, be liable for the consequences that may arise from the knowledge or use of this information.
ENTOMOJO SAS offers a service of supplying feed products for Animals but is in no way the manufacturer of these products. Any complaint that may result from the use of the products should be addressed directly to the manufacturer concerned. ENTOMOJO SAS, in its capacity as a third party, cannot be held liable in any way whatsoever in the event of a conflict between the Client and the manufacturer, particularly in the event of illness, death or any other damage that may result from the use of these products. In particular, ENTOMOJO SAS will not be responsible for any veterinary or other expenses related to the use of these products. The customer may claim against the manufacturer in the broadest sense to include the supplier.
II.6 - ENTOMOJO SAS Obligations and Responsibility
All orders placed at ENTOMOJO SAS are for personal use of customers. Customers or users of "ENTOMOJO SAS" products prohibit any partial or total resale of the products.
II.7 - Customer Obligations and Responsibility
Any reservations about the "ENTOMOJO SAS" package and its contents must be notified within three (3) days of receipt of the package. If its defectiveness is proven, the Customer may obtain a new one within the limits of available stocks at ENTOMOJO SAS's expense. If there is no longer availability in stock, the Customer may obtain a similar one free of charge.
The non-receipt of an "ENTOMOJO SAS" package must be notified within thirty (30) days from the date of scheduled receipt of said package. If the lack of receipt is proven, the Customer may obtain a new one within the limits of available stocks at ENTOMOJO SAS's expense . If there is no longer availability in stock, the Customer may obtain a similar one free of charge.
Following a complaint, ENTOMOJO SAS customer service is entitled to request additional information such as photos, videos or certificates to be completed in order to process the request. In particular (i) in the event that the animal does not eat its pet food , ENTOMOJO SAS is entitled to request a video of the animal clearly showing that the animal does not appreciate its food ENTOMOJO SAS, or (ii) in case the animal is sick or has allergies, ENTOMOJO SAS is entitled to request a photo of the stool or vomit proving his condition. If the Customer does not wish to pass on this information, ENTOMOJO SAS has the right to refuse the requested refund.
These claims cannot result in further compensation. In any event, ENTOMOJO SAS' liability is limited to the monthly value of the subscription.
II.8 - Claims
In accordance with applicable laws, the Customer has a withdrawal period of fourteen (14) free days from the acceptance of the subscription offer and/or the validation of an order.
The 14-day period is also applicable in the event of a retraction following receipt of the "ENTOMOJO SAS" package. This period is short from the time the package is received. Goods must be returned in their initial packaging and packaging. Any product opened, started, incomplete, damaged, damaged or damaged will not be repossessed, exchanged or refunded. Indeed, the subscription for a complete package, the return of the complete package is imperative.
ENTOMOJO SAS will reimburse the Customer who notified within the time of the exercise of his right of withdrawal within thirty (30) days of receiving the retraction notification. It is specified that in the event that the package leaves the workshop before the exercise of the right of withdrawal, ENTOMOJO SAS will have to wait for its return to proceed with the refund. The Customer's account will be re-credited with the amount debited. Transportation costs will be borne by the Customer.
II.9 - Faculty of Retraction
ENTOMOJO SAS reserves the possibility to set up promotional offers (launch offers, etc.) for new customers. They are reserved for new customers and are available for limited periods only. Previously registered Customers are not eligible for these offers unless otherwise and expressly stated.
"Previously registered customer" refers to any household that a member has already used the ENTOMOJO SAS Service.
Use of the ENTOMOJO SAS Service is demonstrated by one of the following: customer account on tomojo.co, first and last name registered on tomojo.co, credit or debit card holder registered on tomojo.co, credit or debit card holder registered on tomojo.co delivery address registered on tomojo.co, credit or debit card holder's address registered on tomojo.co.
All promotional offers are limited to one request and one animal per household, unless otherwise and expressly stated. In the event that a household that has already used the ENTOMOJO SAS Service seeks to benefit more than once from a promotional offer, ENTOMOJO SAS will be entitled to refuse the request, cancel the shipment, cancel the subscription, block all related accounts, and no refund cannot be made.
When an offer is valid for a trial period, there is a maximum limit of 12 kg of food per order as part of the offer. Some levels of dog activity may be excluded from offers.
ENTOMOJO SAS reserves the right to cancel any special offer, launch offer or discount at any time and without notice. ENTOMOJO SAS may also, at its discretion, restrict the beneficiaries of promotional offers without having to justify them.
II.10 - Promotional Offers
Any request for a refund or notification of withdrawal must be made by e-mail to the following address: hello at tomojo point co (Subject: refund request). Any request made by telephone, chat on the site, social networks, with the carrier, or by any other means will not be taken into account.
II.11 - Contact
III - General
ENTOMOJO SAS strives to ensure the availability of the Site and Service 24 hours a day, 7 days a week. However, access to the Site or Service may be interrupted as part of maintenance operations, hardware or software upgrades, emergency site repairs, or as a result of circumstances beyond the control of the Site. ENTOMOJO SAS (e.g., failure of telecommunications links and equipment). ENTOMOJO SAS undertakes to take all reasonable steps to limit these disruptions, provided they are attributable to it.
Members acknowledge and accept that ENTOMOJO SAS assumes no responsibility for any unavailability, suspension or interruption of the Site or Service and cannot be held liable for direct and indirect harm of any kind. resulting from this fact.
In all cases, and without prejudice to what has just been stated above and in the other clauses concerning the lack of liability of ENTOMOJO SAS, any liability case that could be held against ENTOMOJO SAS will not give rise to damages, the amount of which will be limited to the amounts collected for Service fees.
III.1 - Access to the Site
In the event of non-compliance with all or part of the obligations arising from these GVCs, an incident of payment, the issuance of incorrect information at the creation of the User Account or acts that could harm the interests of ENTOMOJO SAS or any other In an objective reason, Members recognize and accept that ENTOMOJO SAS reserves the right to suspend access to the services offered on the Site at any time and without prior notification or, depending on the seriousness of the acts, to terminate the subscription and Member's User account without claiming damages.
ENTOMOJO SAS also reserves the right to refuse to contract with a Member who has been excluded or sanctioned for such acts.
III.2 - Interruption and suspension of access to the Service and/or Site
III.3.a - General Provisions
In accordance with the provisions of Law 78-17 of 6 January 1978 amended relating to computer science, files and freedoms, known as the Computer and Freedoms Act, ENTOMOJO SAS filed with the National Commission for Information Technology and Freedoms ( CNIL) to the prior declaration of its treatment of personal data about you, in accordance with simplified standard 48 (CNIL deliberation No. 2005-112 of June 7, 2005 creating a simplified standard for treatments automated personal data related to the management of client and lead files - OJ No. 149 of June 28, 2005).
The person responsible for processing your data is ENTOMOJO SAS. In accordance with the provisions of simplified standard 48, enTOMOJO SAS employees and service providers have only access to your personal data, whose task is to operate the Site or to render the Service.
The data listed as mandatory in the form to become a user of the Site and the Service requires an exact response from you. Any failure to respond or respond to enTOMOJO SAS as abnormal may result in ENTOMOJO SAS refusing to take into account your application to register for the service.
Data collected by ENTOMOJO SAS as part of the services rendered on the Site are processed in accordance with the provisions of simplified standard 48 and the "Computer and Freedoms" Act
III.3 - Processing Members' personal data and site content
III.3.b - Transmission of your personal data to third parties
In accordance with the provisions of simplified standard 48, ENTOMOJO SAS reserves the right to transmit all or part of the personal data concerning Members in strict compliance with simplified standard 48 and the Computer and Freedoms Act.
Any use of personal data other than the one mentioned above must be the subject of individual, prior and explicit consent on the part of Members.
In accordance with the Computer science and freedoms law, ENTOMOJO SAS will collect the agreement of Members for any transmission of its data to business partners for direct marketing operations through a checkbox.
III.3.c - Right of access, rectification and opposition
In accordance with the French law "Informatique et Libertés", you have the right to access and rectify any personal data concerning you + deletion? by contacting the webmaster of the Site, except for the personal data that you gave ENTOMOJO SAS when you filled in your online membership form and that it is up to you alone to modify and update, as stated in article III.3.d of these Terms and Conditions of Sale.
In accordance with the Computer science and Freedoms Act, you have the right to object free of charge to have your personal data used for prospecting purposes, including commercial, ENTOMOJO SAS or its trading partners. If your right of objection is exercised for this reason directly with ENTOMOJO SAS, ensuring that you pass on your objection to its contractual partners to which it may have transmitted your personal data.
In accordance with the law "Informatique et Libertés", ENTOMOJO SAS undertakes that personal data concerning you, even those transmitted to possible commercial partners, will not be transmitted outside the European Union.
In accordance with the Computer and Freedoms Act, ENTOMOJO SAS reserves the right to transmit personal data about you, either to comply with a legal obligation, or in accordance with a judicial, administrative, or administrative decision, or (such as the CNIL).
III.3.d - Updated personal data
You are committed to updating your personal data as needed. You also commit to keeping your personal data accurate, complete and unequivocal. You can access your user account, using your password and login, at any time, using your user account containing all the personal data you have provided to ENTOMOJO SAS.
III.3.e - Personal data security
In accordance with the Computer and Freedoms Act, ENTOMOJO SAS undertakes to take any useful precautions, given the nature of the data and the risks presented by the processing, to preserve the security of your personal data and, in particular, prevent your personal data from being distorted, damaged, or from unauthorized third parties accessing it.
The information that allows the Member to identify himself, such as the username and password, is personal and confidential. This information can only be changed on the initiative of the Member or ENTOMOJO SAS, especially if the password is forgotten. The Member is solely responsible for the use of his identification elements, he is obliged to keep them secret. Any disclosure on its part cannot be blamed on ENTOMOJO SAS. Any order made using the Member's ID and password is deemed to have been placed by the Member. ENTOMOJO SAS cannot be held responsible for the damage caused by the disclosure of this personal and confidential data by the Member and therefore the use of that data by a third party. ENTOMOJO SAS will in any event not be able to have its liability sought for any damage of any kind, including the use of the services subscribed, a damage to the reputation, the image, or a loss of data that could due to the use of the services offered by ENTOMOJO SAS.
III.3.f - Site Accommodation
The host of the site mentioned in Article I.1 of these CGV acts as a subcontractor of ENTOMOJO SAS, within the meaning of the "Computer and Freedoms" act, only on written instruction from ENTOMOJO SAS, and does not have the right to use the data users to whom it is likely to have access, except for the purposes of providing technical services for hosting and managing databases and only under the contractual terms signed between the host and ENTOMOJO SAS that cannot deviate from this article.
The site http://tomojo.co/ is owned by ENTOMOJO SAS. All elements of the Site, whether visual or audio, texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright, trademarks and patents. Any full or partial reproduction of the accessible elements on the Site is strictly prohibited.
The visitor to the Site undertakes not to reproduce any of the elements of the Site. Any contrary use of all or part of the Site or any of its elements would constitute a forgery that could lead to civil and/or criminal prosecution and expose the visitor to the recalled penalties.
III.4 - Intellectual Property
ENTOMOJO SAS is not responsible for content captured on the Site by Members. It is up to Internet users to notify ENTOMOJO SAS in case of illegal content on the Site so that it is removed. As soon as enTOMOJO SAS is made aware that content would infringe third-party rights, ENTOMOJO SAS will do all it can to remove the contentious content from the Site without delay.
No user of the Site may publish information that is defamatory, abusive or infringing on third parties. ENTOMOJO SAS will remove any information that is unethical as soon as it has been made.
III.5 - Content of the site captured by Members
By accepting these GTC, you agree that the information provided at the time of registration will be published on the website www.tomojo.co ENTOMOJO SAS reserves the right to reproduce any information appearing on the Website or on partner websites. In particular, advertisements published on one of the sites published or co-edited by ENTOMOJO SAS may be reproduced on other sites published or co-edited by ENTOMOJO SAS or third parties.
III.6 - Partner Sites
ENTOMOJO SAS rates are denominated in euros and include all taxes.
Payment for the Services will be made by credit card (Blue, Visa, Mastercard) Paypal and Apple Pay. The payments made will be secured by a data encryption procedure in order to avoid the interception of this information by a third party.
Payments made by the Customer are considered final after the actual receipt of the sums.
ENTOMOJO SAS cannot be held liable for fraudulent use of the means of payment used on the Site or in the event of an error due to the payment system.
III.7 - General Payment Terms for All Site Services
By accepting the present Terms and Conditions of Sale, the Member authorises ENTOMOJO SAS to send him/her emails to the address that he/she will have provided when registering, subscribing or ordering.
Unsubscribe to the newsletter is possible at any time via the "My Account" space.
III.8 - Subscribe to the newsletter
If one or more stipulations of these GVCs were declared invalid under a law or regulation or a final court decision, the other stipulations would remain strong and enforceable.
III.9 - Safeguard clause
In the event of a full or partial sale of ENTOMOJO SAS' business, the contracts between the Member and ENTOMOJO SAS and/or successors and rights holders retain binding force between the Parties. EnTOMOJO SAS contracts may not be transferred by the Member without prior written consent from ENTOMOJO SAS.
EnTOMOJO SAS' contracts, rights and obligations may in any event be transferred or transferred without prior agreement from the Member.
III.10 - Transfer of rights and obligations
ENTOMOJO SAS cannot be considered liable for total or partial contractual non-performance which would have caused an event of force majeure, beyond its control.
III.11 - Major Force
The Member recognizes the validity and probative force of the electronic exchanges and recordings kept by ENTOMOJO SAS and acknowledges that these elements receive the same probative force as a handwritten written document under Act 2000-230 of March 13 2000 adapting the law of evidence to information technology and electronic signature.
Members recognize that the Site's computerized communications and records will be considered by the Parties as evidence of exchanges, orders, payments and transactions between the Parties unless there is evidence to the contrary.
In the event that ENTOMOJO SAS has to disclose them, they will be considered admissible, valid and enforceable between the Parties, in the same way, under the same conditions and with the same probative force as any document that would be drawn up, received or ensuring that ENTOMOJO SAS made a clear error.
III.12 - Convention on Evidence
III.13.a - Prescription
Any claim against ENTOMOJO SAS in connection with these CGV is prescribed within one year. It is irrefutablely presumed that the Member will waive a payment that has not been requested within one year. Unclaimed funds are acquired from ENTOMOJO SAS.
III.13 - Litigation
III.13.b - Applicable Law and Competent Courts
These GVVs are subject to French law applicable regardless of the client's country of residence and the place of contract. The application of the Vienna Convention on the International Sale of Goods is expressly ruled out.
In the event of a dispute, ENTOMOJO SAS will actively seek an amicable outcome to their dispute with the Member and it is only if the amicable process does not reach the end of fifteen days of efforts that the most diligent of the Parties would then be free to defer to justice. . As necessary, the competent jurisdiction in the event of a dispute will be considered to be the competent courts of the seat of ENTOMOJO SAS.