CGV - Tomojo Legal Mentions

Legal 

SA INVERS
Share capital of €309,710
VAT number: FR92 837 934 462 -
SIRET: 837 934 462 00024 -
Champ de la croix 63 720 Saint-Ignat

Publication manager : Invers – [email protected]

 

Design & Webmaster : Stephanie Cailloux - [email protected]

 

Web Hosting:

Shopify

Inc. 1355 Market Suite 488, SF CA 94103, California USA, Adresse de courrier électronique : [email protected]

N ° SIRET: 82833355900015

 

Copyright

All rights reserved, including visual, photographic, iconographic or other representations.

General Terms of Sale 

  1. VENDOR IDENTIFICATION

SA INVERS
Share capital of €309,710
VAT number: FR92 837 934 462 - France
SIRET: 837 934 462 00024 - FRANCE
Champ de la croix 63 720 Saint-Ignat

 

  1. APPLICATION OF CONDITIONS

SALE GENERALS The customer's order implies the acceptance of all of these terms and conditions.

  1. TENDER VALIDITY

Our offers are aimed at consumers with a physical delivery address in Europe. The items shown on the site are available while stocks last. The validity of offers and prices is guaranteed within 8 days. In the event of debit or collection of an order for an unavailable item, INVERS SA undertakes to offer a credit note or to reimburse the Customer within 15 days. INVERS SA undertakes to notify by e-mail any Customer who has placed an order for an unavailable item.

INVERS SA reserves the right to modify at any time the selling prices appearing on the site's offers. INVERS SA reserves the right to cancel any order placed as a result of a labelling error causing the item sold to be invoiced at a price unrelated to its actual value.

  1. 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. INVERS SA cannot be held liable for any consequences arising from the knowledge or use of this information.

  1. 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.

  1. SECURE ORDERING AND PAYMENT

6.1: Payment

The customer validates his order as described below. This validation implies acceptance of the present terms and conditions of sale. Customers interested in an item displayed on the www.tomojo.co website follow the following procedure to place their order. After clicking on the "add to basket" icon and checking the specifics of the order (type, quantity, size, price, etc.), the customer validates the choice of product(s) selected in the basket by clicking. If the customer benefits from a special offer, he/she must first enter a code that has been allocated to him/her in the field provided for this purpose. When ordering for the first time, the customer is asked to fill in a form containing the following information: title, surname, first name, full delivery address, e-mail address, date of birth, telephone number. The customer can pay by credit card directly on the site. After validating the payment method, the customer definitively and irrevocably validates the order with the effects indicated below. o Payment by credit card on the site The customer validates the delivery and billing address, the product and the total price. They provide their credit card number, expiry date and CVX code. Finally, they confirm their order by clicking on the "Confirm" button. Paypal With PayPal, your financial information is never communicated to any third party. INVERS SA. PayPal encrypts and protects your card number once and for all. Pay online simply by entering your email address and password.

6.2: Default

INVERS SA reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.

6.3: Payment verification

INVERS SA controls all orders that have been validated on its site. These controls aim to protect INVERS SA abusive practices by fraudsters. Our services may ask you to provide all the documents necessary to unlock your order: proof of address or debit in your name, or proof of address in the name of the person indicated for the delivery address, etc...

  1. PAYMENT SECURITY

To ensure payment security, the site INVERS SA uses the Stripe secure payment service. This service incorporates the SSL security standard. Confidential data (16-digit credit card number, expiry date and CVX code) are transmitted encrypted directly to the bank's server, without passing through the server's physical media. INVERS SA. When the order is validated: The payment request is routed in real time to the secure remote payment manager. This sends an authorization request to the credit card network. The remote payment manager issues an electronic certificate, which serves as proof of the amount and date of the transaction, in accordance with the provisions of articles 1316 et seq. of the French Civil Code.

  1. DELIVERY

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 beyond the control and diligence of INVERS SA (customs, carrier delays, weather...). 

 

8.2: INTERNATIONAL

Delivery takes place within a maximum of fifteen (15) working days from receipt of the order, notwithstanding any fortuitous event or force majeure which delays delivery beyond the control and diligence of INVERS SA

  1. RETURNS / EXCHANGES

 

Any reservations concerning the products must be notified to INVERS SA within three (3) days of receipt of the product. If the product is found to be defective, the Customer may obtain a new product while stocks last.

Failure to receive a product must be notified within thirty (30) days from the date of scheduled receipt of said order. In the event of failure to receive the order, the Customer may obtain a new product within the limits of available stocks.

 

INVERS SA will not be responsible for any return shipping costs incurred, which will be charged to the customer. 

Concerning returns for refund, the Company INVERS SA will reimburse the Customer for any sums already paid, less any shipping costs. Product refunds will be made by the Company INVERS SA within a maximum of thirty (30) days after receipt of the said products. Reimbursement will be made using the same method of payment chosen by the customer at the time of ordering, or by issuing a purchase voucher.

If the order is returned to INVERS SA and that the INVERS SA is unable to contact the Customer to find out the reason, it reserves the right to refund the product only, less the cost of return and any shipping charges.

Concerning exchanges, INVERS SA will not assume any reimbursement costs.

 

  1. 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 packages returned by the service provider responsible for delivery, marked: N'habite Pas à l'Adresse Indiquée. After reception and acceptance of your parcel by our services, INVERS SA will contact the customer in order to return the order (postage at the customer's expense) if the product is still available, or to proceed with a refund of the order, according to the customer's wishes. INVERS SA reserves the right to proceed with the refund of the order and not its return in the event that several NPAI are identified.

11.2: Returns due to "NO RECLAME":

These are parcels that have not been claimed by the customer at the post office or relay point within the specified time. After receipt and acceptance of your parcel by our services, INVERS SA will contact the customer in order to return the order (postage at the customer's expense) if the product is still available, or to proceed with a refund of the order, according to the customer's wishes. INVERS SA reserves the right to proceed with the refund of the order and not its return in the event that several "NO CLAIM" are identified.

11.3: Returns due to "REFUSE":

You refused your parcel at the time of delivery. After receipt and acceptance of your parcel by our services, a voucher will be credited to your customer account within seventy-two (72) hours of receipt of your parcel. You can ask for your voucher to be cancelled and reimbursed. In case of return of a parcel following the causes "NPAI", "NON RECLAME", or "REFUSE", INVERS SA does not guarantee the reservation of items ordered and may be required to refund the order if the product(s) is (are) unavailable.

  1. RESPONSIBILITY

For all stages of access to the site, consultation, filling in forms, placing orders, delivery of items or any other service, the company INVERS SA has only an obligation of means. Consequently INVERS SA shall not be held liable for any inconvenience or damage inherent in the use of the Internet network and totally external to the diligence and precautions taken by INVERS SA. In particular, any disruption in the supply of the service, or any external intrusion or presence of a computer virus, shall not engage the responsibility of INVERS SA. Similarly, any event qualified as force majeure within the meaning of the jurisprudence of the Cour de Cassation (French Supreme Court) totally exonerates INVERS SA from all liability. Customers benefit from the guarantees granted by the brands present on the site.

  1. COPYRIGHT PROTECTION

All site elements INVERS SAThe contents of this website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of INVERS SA. Any hypertext link to the INVERS SA using framing, deep-linking, in-line linking or any other deep-linking technique is strictly prohibited. In all cases, any link, even tacitly authorized, must be removed on simple request from INVERS SA.

  1. INDIVIDUAL-RELATED DATA

INVERS SAfor the purposes of the service, reserves the right to collect nominative data relating to users of the site, in particular by means of the "cookie" referred to in article 8. In all cases, and in accordance with law no. 78-17 of January 06 1978, any user or customer of the site may at any time object to the commercial use of said data, and also has the right to access, rectify and delete data concerning him or her. All requests relating to this article must be sent by e-mail to the following address [email protected]

We inform consumers that they have the right to register free of charge on the bloctel.gouv.fr to oppose telephone canvassing 

II - On the SUBSCRIPTION Service offered by INVERS SA

INVERS SA provides a packet-sending service INVERS SAThe "Service" is a service for the sale of pet food products in mainland France, Corsica and Monaco (hereinafter the "Service").

 

II.1 - Description of the Service

Through the Site, the Customer can subscribe to the "one-off" package delivery service. INVERS SA"by the unit.

II.2 - Unit Subscription Terms

Customers can also subscribe through the Site to a monthly subscription plan.

The monthly subscription allows you to subscribe to a monthly package service. INVERS SA "This offer remains valid until one of the parties decides to terminate the contract. By accepting this offer, the Customer agrees to a monthly debit of an amount defined at the time of the initial order. Thus, for as long as the subscription lasts, the Customer will be debited with the sum defined 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 event of non-payment by the Customer, the contract concluded between the Customer and INVERS SA shall be terminated automatically and by operation of law, without prejudice to any recourse by INVERS SA against the Customer for any damage caused by such non-payment.

II.4 - Rates and payment

The service covers only metropolitan France and Monaco.

The " INVERS SAThe "My Account" service will be delivered to customers by the last day of the month to the address given in the "My Account" information form filled in by the customer when registering. The information provided to INVERS SA must be accurate. It is the customer's responsibility to ensure that this information is correct and up-to-date at the time of subscription. In the event of erroneous data, INVERS SA ne pourra voir sa responsabilité engagée. En cas de changement d'adresse, il appartient au Client de le notifier au moins quinze jours avant le début du mois concerné en modifiant ses coordonnées sur le formulaire de renseignement « Mon compte » et en envoyant un e-mail à l’adresse : hello at tomojo point com ; [email protected] (Sujet : changement d’adresse).

If the package is returned to INVERS SAa second delivery will be made. If the parcel is returned to the sender, there will be no new shipment.

For deliveries outside mainland France, the Customer undertakes to pay all customs duties, value-added taxes, product import taxes and any other taxes due under the laws in force. INVERS SA shall not be held liable if such taxes are not paid by the Customer.

When the visitor signs up for the subscription program, the -25% discount only applies to the initial order and is followed by a 10% discount on subsequent orders. In the case of abusive subscriptions and unsubscriptions, to take advantage of this greater discount, INVERS SA reserves the right, after repeated warnings, to terminate the contract and not to send the order. 

II.5 - Obligations and liability of ENTOMOJO SAS

All orders placed with INVERS SA are intended for the personal use of Customers. Customers or users of " INVERS SA "Customers are prohibited from reselling all or part of their products.

II.6 - Client's obligations and liability

All reservations about the package INVERS SA "The Customer must notify the company of any defects in the package and its contents within three (3) days of receipt of the package. If the package is found to be defective, the Customer may obtain a new one within the limits of available stocks, at the expense of INVERS SA. If a product is no longer available in stock, the customer may obtain a similar product free of charge.

Failure to receive a " INVERS SA "In the event of failure to receive a package, the Customer must notify us within thirty (30) days of the scheduled date of receipt of the package. In the event of non-receipt, the Customer may obtain a new package within the limits of available stocks, at the expense of INVERS SA. If a product is no longer available in stock, the customer may obtain a similar product free of charge.

Following a complaint, the customer service INVERS SA is entitled to request additional information such as photos, videos or certificates to be completed in order to process the request. In particular (i) if the animal does not eat its pet food, INVERS SA is entitled to request a video of the animal clearly showing that it does not appreciate its food INVERS SAor (ii) if the animal is ill or has allergies, INVERS SA has the right to ask for a photo of the stool or vomit to prove the condition. If the customer does not wish to provide this information, INVERS SA is entitled to refuse the requested refund.

Such claims shall not give rise to any other compensation. In any event, the liability of INVERS SA is limited to the monthly value of the subscription.

II.7 - Complaints

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 fourteen (14) day period also applies in the event of withdrawal following receipt of the package. INVERS SA". This period runs from receipt of the package. Goods must be returned in their original packaging. Any product that has been opened, opened, incomplete, damaged or whose packaging has been damaged will not be taken back, exchanged or reimbursed. As the subscription is for a complete package, the return of the complete package is imperative.

INVERS SA will reimburse the Customer who has given timely notice of the exercise of his right of withdrawal within thirty (30) days of receipt of the notice of withdrawal. It is specified that in the event that the package has left the workshop prior to the exercise of the right of withdrawal, INVERS SA will have to wait for its return before proceeding with the refund. The Customer's account will be re-credited with the amount debited. Transport costs will be charged to the Customer.

 

II.8 - Right of withdrawal

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.

To exercise your right of withdrawal, you must notify your decision to withdraw in an unambiguous statement:

  • By post to INVERS SA  Champ de la croix 63 720 Saint-Ignat
  • Par email à l’adresse [email protected]
  • By returning the withdrawal form below.

 

Withdrawal form

For the attention of INVERS SA  Champ de la croix 63 720 Saint-Ignat ou à [email protected]

I/We [*] hereby notify you [*] of my/our [*] withdrawal from the contract for the sale of the following [NAME of the product]:

Ordered on (*)/received on (*) :

Name of consumer(s) :

Address of consumer(s) :

Signature of the consumer(s) (only in case of notification of this form on paper) :

Date :

 (*) Delete as appropriate.

In order to respect this withdrawal period, it is sufficient that you send ENTOMOJO your request for withdrawal before the expiry of the withdrawal period.

II.9 - Mediation

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, INVERS SA adheres to the Service du Médiateur du e-commerce of the FEVAD (Fédération du e-commerce et de la vente à distance) whose contact details are as follows: 60 Rue La Boétie - 75008 Paris - http://www.mediateurfevad.fr. After prior written application by consumers toINVERS SA, the Mediation Service may be contacted for any consumer dispute which has not been settled. 

In all cases, INVERS will :

  • will indicate its inability to resolve the dispute, and
  • will at that time provide the information required by law concerning the Ombudsman, including contact details, as set out above.

You can also use the online dispute resolution platform to resolve the dispute via: https: //webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR.

Agreeing to mediation will not affect your right to have the dispute taken to court.

 

II.10 - Promotional Offers

INVERS SA reserves the right to introduce promotional offers (introductory offers, etc.) for new customers. These offers are reserved for new customers and are available for limited periods only. Previously registered customers are not eligible for these offers, unless expressly indicated otherwise.

"Previously registered customer" means any household in which a member has already used the Service. INVERS SA.

Use of the Service INVERS SA  is demonstrated by one of the following: customer account on tomojo.co, first and last name registered on tomojo.co, credit or debit card registered on tomojo.co, credit or debit card holder registered on tomojo.co, delivery address registered on tomojo.co, credit or debit card holder address registered on tomojo.co.

All promotional offers are limited to one application and one pet per household, unless expressly stated otherwise. In the event of a household having already used the Service INVERS SA would seek to benefit more than once from a promotional offer, INVERS SA will have the right to refuse the request, cancel the shipment, cancel the subscription, block all related accounts, and no refund will 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.

INVERS SA reserves the right to cancel any special offer, introductory offer or discount at any time without notice. INVERS SA may also, at its discretion, restrict the beneficiaries of promotional offers without having to justify this.

 

 

III - General

INVERS SA strives to ensure that the Site and Service are available 24 hours a day, 7 days a week. However, access to the Site or Service may be interrupted for maintenance, hardware or software upgrades, emergency site repairs, or due to circumstances beyond the control of INVERS SA (such as failure of telecommunications links and equipment). INVERS SA undertakes to take all reasonable measures to limit such disruptions, insofar as they are attributable to it.

Members acknowledge and accept that INVERS SA assumes no responsibility to them for any unavailability, suspension or interruption of the Site or Service and cannot be held liable for direct or indirect damages of any kind resulting therefrom.

In all cases, and without prejudice to what has just been set out above and in the other clauses concerning the absence of liability on the part of INVERS SAany cause of liability that may be held against INVERS SA may only give rise to the payment of 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 GCS, of a payment incident, of the provision of incorrect information when creating a User Account or of acts likely to harm the interests of INVERS SA or for any other objective reason, Members acknowledge and accept that INVERS SA reserves the right to suspend, at any time and without prior notice, access to the services offered on the Site or, depending on the seriousness of the acts, to terminate the Member's subscription and User Account without any right to claim damages.

INVERS SA also reserves the right to refuse to contract with a Member who has been expelled or sanctioned for such conduct.

III.2 - Interruption and suspension of access to the Service and/or Site

III.3.a - General Provisions

In accordance with the provisions of the French Data Protection Act no. 78-17 of January 6, 1978, as amended, INVERS SA has made a prior declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL) concerning the processing of your personal data, in accordance with simplified standard no. 48 (CNIL decision no. 2005-112 of June 7, 2005 creating a simplified standard concerning the automated processing of personal data relating to the management of customer and prospect files - OJ no. 149 of June 28, 2005).

The person responsible for processing your personal data is INVERS SA. In accordance with the provisions of simplified standard no. 48, only the employees and service providers of INVERS SAwhose task it is to operate the Site or render the Service.

The data indicated as compulsory in the form used to become a user of the Site and Service requires an exact response from you. Any failure to reply, or any reply deemed abnormal by INVERS SA is likely to result in the refusal of INVERS SA to consider your request to register for the service.

The data collected by INVERS SA within the framework of the services rendered on the Site are processed in accordance with the provisions of simplified standard no. 48 and the French Data Protection 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 no. 48, INVERS SA reserves the right to transmit all or part of Members' personal data in strict compliance with simplified standard no. 48 and the French Data Protection 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 French Data Protection Act, INVERS SA will collect Members' consent for any transmission of their data to commercial partners for direct marketing operations by means of a checkbox.

 

III.3.c - Right of access, rectification and opposition

In accordance with the French Data Protection Act, you have the right to access, rectify and delete any personal data concerning you by contacting the Site's webmaster, except for personal data you have given to INVERS SA when you have filled in your online membership form, which you alone are responsible for modifying and updating, as stated in article III.3.d of these GCS.

In accordance with the French Data Protection Act (Loi Informatique et Libertés), you have the right to object, free of charge, to your personal data being used for prospecting purposes, in particular commercial prospecting, by INVERS SA or by its commercial partners. If your right of objection is exercised for this reason directly with INVERS SAthe latter undertakes to pass on your objection to any of its contractual partners to whom it may have passed on your personal data.

In accordance with the French Data Protection Act, INVERS SA is committed to ensuring that your personal data, even those transmitted to potential commercial partners, are not transmitted outside the European Union.

In accordance with the French Data Protection Act, INVERS SA reserves the right to transmit personal data concerning you, either to comply with a legal obligation, or in application of a judicial or administrative decision, or of an independent administrative authority (such as the CNIL).

 

III.3.d - Updated personal data

You agree to update your personal data as necessary. You also undertake to ensure that your personal data is accurate, complete and unambiguous. You can access your User Account at any time by using your password and login on the site, which contains all the personal data you have provided to INVERS SA.

 

III.3.e - Personal data security

In accordance with the French Data Protection Act, INVERS SA undertakes to take all reasonable precautions, in view of the nature of the data and the risks presented by the processing, to protect the security of your personal data and, in particular, to prevent your personal data from being distorted, damaged or accessed by unauthorized third parties.

Information enabling the Member to identify him/herself, such as login and password, are personal and confidential. This information may only be modified on the Member's or INVERS SA's initiative, in particular if the password is forgotten. Members are solely responsible for the use of their identification details, and are required to keep them secret. INVERS SA shall not be held responsible for any disclosure on the part of the Member. INVERS SA. Any order placed using the Member's login and password is deemed to have been placed by the Member. INVERS SA cannot be held responsible for any damage caused by the disclosure of personal and confidential data by the Member, and consequently for the use of such data by a third party. INVERS SA shall in no event be held liable for any damages whatsoever, in particular as a result of the use of the services subscribed to, any damage to reputation or image, or any loss of data that may arise as a result of the use of the services offered by INVERS SA.

 

III.3.f - Site Accommodation

The site host mentioned in article I.1 of these GTS acts as a subcontractor for INVERS SAunder the French Data Protection Act, only on written instruction from INVERS SAand does not have the right to use the personal data of users to which it may have access, except for the purposes of providing technical hosting and database management services and only under the contractual conditions signed between the host and INVERS SA which cannot derogate from the present article.

The http://tomojo.co/ website is the property of INVERS SA. 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 total or partial reproduction of the elements accessible on the Site is strictly forbidden.

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

INVERS SA is not responsible for the content entered on the Site by Members. It is the responsibility of Internet users to inform INVERS SAin the event of illicit content appearing on the Site, so that it can be removed. As soon as it has been brought to the attention of INVERS SA content infringes the rights of third parties, INVERS SA will use its best endeavours to remove the offending content from the Site without delay.

No user of the Site may publish information that is defamatory, insulting or injurious to third parties. INVERS SA will immediately remove any unethical information.

III.5 - Content of the site captured by Members

By accepting these terms and conditions, you agree that the information provided at the time of registration may be published on the site. www.tomojo.co INVERS SA reserves the right to reproduce any information appearing on the Site or on partner sites. In particular, advertisements published on sites published or co-published by INVERS SA may be reproduced on other sites published or co-published by INVERS SA or third parties.

III.6 - Partner Sites

Rates for INVERS SA 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.

INVERS SA shall not be held liable in the event of fraudulent use of the means of payment used on the Site or in the event of error due to the payment system.

III.7 - General Payment Terms for All Site Services

By accepting these GTC, the Member authorizes INVERS SA to send emails to the address provided by the user 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 total or partial sale of the INVERS SAcontracts between the Member and INVERS SA and/or successors and assigns shall remain binding between the Parties. Contracts entered into by INVERS SA may not be transferred by the Member without the prior written consent of INVERS SA

The contracts, rights and obligations of INVERS SA may in any case be assigned or transferred without the Member's prior consent.

III.10 - Transfer of rights and obligations

INVERS SA shall not be held liable for total or partial breach of contract caused by an event of force majeure beyond its control.

III.11 - Major Force

The Member acknowledges the validity and probative value of electronic exchanges and records kept by INVERS SAand accepts that these elements have the same probative force as a handwritten document signed by hand, in accordance with Law no. 2000-230 of March 13, 2000 adapting the law of evidence to information technologies and relating to electronic signatures.

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 INVERS SA to communicate them, they will be considered to be admissible, valid and opposable between the Parties, in the same manner, under the same conditions and with the same probative force as any document drawn up, received or kept in writing, except in the case of a manifest error of interpretation. INVERS SA.

III.12 - Convention on Evidence

III.13.a - Prescription

Any claim against INVERS SA in relation to these GTCs shall become time-barred within one year. It is irrevocably presumed that the Member renounces any payment which has not been requested within one year. Unclaimed sums are forfeited to INVERS SA.

 

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, INVERS SA will actively seek an amicable solution to the dispute with the Member, and only if the amicable solution is not reached within fifteen days will the most diligent of the Parties be free to take legal action. If necessary, the competent jurisdiction in the event of a dispute will be deemed to be the competent courts of the location of the head office of INVERS SA.