Tomojo Terms and Conditions & Legal Notices

Legal notices

SA INVERS
Share capital of €309,710
VAT number: FR92 837 934 462 –
SIRET: 837 934 462 00024 –
Field of the Cross 63 720 Saint-Ignat

Publication manager: Invers – contact@invers.fr

Design & Webmaster: Stephanie Cailloux - contact@invers.fr

Web hosting:

Shopify,

Inc. 1355 Market Suite 488, SF CA 94103, California USA, Email address: support@strikingly.com

SIRET No.: 82833355900015

Copyright

General Conditions of Sale

SELLER IDENTIFICATION

SA INVERS
Share capital of €309,710
VAT number: FR92 837 934 462 –
SIRET: 837 934 462 00024 –
Field of the Cross 63 720 Saint-Ignat

APPLICATION OF CONDITIONS

GENERAL CONDITIONS OF SALE The order by the Customer implies acceptance of all of these general conditions.

VALIDITY OF OFFERS

Our offers are aimed at consumers with a physical delivery address in Europe. The items visible on the site are available while stocks last. The validity period 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, INVERS SA undertakes to offer a credit note or to reimburse the Customer within 15 days. INVERS SA undertakes to notify by email the Customer who has ordered an unavailable item.

INVERS SA reserves the right to modify the sales prices appearing on the site's offers at any time. INVERS SA reserves the right to cancel any order placed following a labeling error and resulting in the invoicing of the item sold at a price unrelated to the actual value of this item.

PRODUCT PRESENTATION

The information on the Site relating to food products for dogs and cats contained in the products is that provided by the manufacturers and suppliers of these products. INVERS SA could therefore under no circumstances be held liable for the consequences which may arise from knowledge or use of this information.

PRODUCT PRICES

Prices are shown in euros (€) inclusive of all taxes. The VAT amount is indicated when the Customer selects a product. If the VAT rate changes, these changes may be reflected in the price of the items without prior notice to the Customer.

SECURE ORDERING AND PAYMENT

6.1: Payment

The Customer validates his order as stated below. This validation entails the acceptance of these general conditions of sale. The customer interested in an item visible on the site www.tomojo.co follows the following process to place his order. After clicking on the "add to cart" 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. 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. When placing his first order, the customer has a form to fill out containing the following information: title, last name, 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 payment method, 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 provides his credit card number associated with the expiration date and the CVX code. He finally validates his order by clicking on the "Confirm" button Paypal With PayPal your financial information is never communicated to 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 of payment

INVERS SA reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid for a previous order or with whom a payment dispute is currently being administered.

6.3: Verification of payments

INVERS SA checks all orders that have been validated on its website. These checks are intended to protect INVERS SA is being protected from abusive practices by fraudsters. Our services may ask you for all the documents necessary to release your order: proof of address or debit card in your name, or proof of address in the name of the person indicated for the delivery address, etc.

PAYMENT SECURITY

In order to ensure payment security, the site INVERS SA uses the secure payment service Stripe. This service integrates the SSL security standard. Confidential data (the 16-digit bank card number as well as the expiration date, the CVX code) are directly transmitted encrypted 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 telepayment manager. This manager sends an authorization request to the bank card network. The telepayment manager issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code.

DELIVERY

8.1: Metropolitan France and Corsica

The delivery times indicated when ordering are indicative notwithstanding any fortuitous event or force majeure which would delay delivery independently of the will and diligence of INVERS SA (customs, carrier delays, weather, etc.).

8.2: INTERNATIONAL

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 delivery independently of the will and diligence of INVERS SA

RETURNS / EXCHANGES

Any reservations about the products must be notified to INVERS SA within three (3) days of receipt of the product. The defect of the product is (if the defect of the product is proven), the Customer may obtain a new product within the limits of available stocks.

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

INVERS SA will not cover the return costs incurred; they will be the responsibility of the customer.

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

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

Regarding exchanges, INVERS SA will not bear any reimbursement costs.

PROCESSING OF PACKAGES NOT DELIVERED BY OUR TRANSPORT SERVICE PROVIDER

These are the packages that have not been delivered to the final recipient for the following reasons: Does Not Live at the Address Indicated (hereinafter NPAI), unclaimed, refused, transport damage, theft, etc.

11.1: Returns due to NPAI:

These are packages returned by the delivery service provider with the following statement: Does Not Live at the Address Indicated. After our services have received and accepted your package, INVERS SA will contact the customer to resend their order (shipping at the customer's expense) if the product is still available or to refund the order at the customer's request. INVERS SA reserves the right to refund the order and not to return it in the event that several NPAI are identified.

11.2: Returns due to “UNCLAIMED”:

These are packages that have not been claimed by the customer at the post office or relay point within the specified timeframe. After receipt and acceptance of your package by our services, INVERS SA will contact the customer to resend their order (shipping at the customer's expense) if the product is still available or to refund the order at the customer's request. INVERS SA reserves the right to refund the order and not to return it in the event that several "UNCLAIMED" items are identified.

11.3: Returns due to “REFUSED”:

You refused your package at the time of delivery. After receipt and acceptance of your package by our services, a purchase voucher will be credited to your customer account within seventy-two (72) hours of receiving your package. You can request the cancellation of your purchase voucher and its refund. In the event of a package being returned due to the reasons "NPAI", "UNCLAIMED", or "REFUSED", INVERS SA does not guarantee the reservation of the items ordered and may be required to refund the order if the product(s) are not available.

RESPONSIBILITY

For all stages of access to the site, consultation, filling out forms, placing orders, delivery of items or any other service, the company INVERS SA only has an obligation of means. Consequently, the liability of INVERS SA cannot 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 provision of the service, or any external intrusion or presence of a computer virus, cannot engage the responsibility of INVERS SA . Similarly, any event qualified as force majeure within the meaning of the case law of the Court of Cassation totally exonerates INVERS SA disclaims all liability. Customers benefit from the guarantees provided by the brands present on the site.

INTELLECTUAL PROPERTY

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

PERSONAL DATA

INVERS SA , for the needs of the service, reserves the right to collect personal data relating to users of the site, in particular by means of "cookies" referred to in article 8. In all cases, and in accordance with law n°78-17 of January 6, 1978, any user or customer of the site may at any time oppose the commercial use of said data and also benefits from a right of access, rectification and deletion of data concerning him. All requests relating to this article must be sent by email to the address hello@tomojo.co

We inform consumers that they have the right to register for free on the bloctel.gouv.fr list in order to object to telephone canvassing.

II - On the SUBSCRIPTION Service offered by INVERS SA

INVERS SA provides a service for sending packages containing animal food in mainland France, Corsica and Monaco (hereinafter the “Service”).

II.1 - Description of the Service

The Customer can subscribe through the Site to the one-off service of sending a package “ INVERS SA » per unit.

II.2 - Conditions for unit subscription

The Customer may also subscribe to a monthly subscription plan through the Site.

Subscribing to the monthly subscription allows you to subscribe to the monthly sending service of a package " INVERS SA » until one Party decides to terminate this contract. By accepting this offer, the Customer agrees to a monthly charge of an amount defined during the initial order. Thus, as long as the subscription continues, the Customer will be charged the amount defined automatically each month, on the first day of the month, and the Customer will receive their package each month on the date previously defined between the Parties.

The Customer may deactivate their subscription at any time from their User Account. To be effective, the deactivation must be completed before midnight on the last day of the month preceding the renewal; otherwise, the request will only be considered for the following renewal.

By subscribing to the monthly subscription, it is recalled that the Customer accepts these General Conditions of Sale, which the Customer acknowledges having read, understood and accepted without reservation and with full knowledge of the facts.

II.3 - Subscription conditions

The rates for the Service are those presented on the Site.

Prices are subject to change. If so, changes will only apply to future orders; orders already paid will not be affected by price changes.

The prices indicated include delivery costs and are specified to the Customer upon final validation of their order.

The customer will receive a payment confirmation email after the order has been validated.

In the event of non-payment by the Customer, the contract concluded between the Customer and INVERS SA will be terminated automatically and by operation of law, without prejudice to any recourse INVERS SA against the Client for any damage caused by such non-payment.

II.4 - Rates and payment

The Service only covers mainland France and Monaco.

The packages " INVERS SA » will be delivered to Customers before the last day of the month to the address provided in the “My Account” information form completed by the Customer upon registration. The information provided to INVERS SA must be accurate. The Client must ensure their accuracy and compliance when subscribing. In the event of incorrect data being communicated, INVERS SA cannot be held liable. In the event of a change of address, the Customer must notify the Customer at least fifteen days before the start of the month in question by modifying their contact details on the "My Account" information form and by sending an email to the following address: hello at tomojo dot com; hello@tomojo.co (Subject: change of address).

In the event that the package is returned to INVERS SA , a second delivery will be made. If the package is returned to the sender again, there will be no new shipment.

For deliveries outside mainland France, the Customer agrees to pay all customs duties, value added taxes, taxes related to the importation of products, and all other taxes due under the laws in force. INVERS SA cannot be held liable if the Client does not pay such taxes.

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

II.5 - Obligations and liability of ENTOMOJO SAS

All orders placed at INVERS SA are intended for the personal use of Customers. Customers or users of the products " INVERS SA » prohibits any partial or total resale of the products.

II.6 - Obligations and liability of the Client

Any reservations about the package " INVERS SA » and its contents must be notified within three (3) days of receipt of the package. If its defect is proven, the Customer may obtain a new one within the limit of available stocks at the expense of INVERS SA . If there is no longer any availability in stock, the Customer may obtain a similar one free of charge.

Failure to receive a packet " INVERS SA » must be notified within thirty (30) days from the scheduled date of receipt of said package. If the absence of receipt is proven, the Customer may obtain a new one within the limit of available stocks at the expense of INVERS SA . If there is no longer any availability in stock, the Customer may obtain a similar one free of charge.

Following a complaint, 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) in the event that the animal does not eat its kibble, INVERS SA is entitled to request a video of the animal clearly showing that it does not like its food. INVERS SA , or (ii) in the event that the animal is sick or has allergies, INVERS SA is entitled to request a photo of the stool or vomit proving the condition of the latter. If the Client does not wish to provide this information, INVERS SA is entitled to refuse the requested reimbursement.

These claims cannot give rise to 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) clear days from the acceptance of the subscription to a subscription offer and/or the validation of an order.

The period of fourteen (14) days is also applicable in the event of withdrawal following receipt of the package. INVERS SA ». This period begins upon receipt of the package. Goods must be returned in their original packaging. Any product that is opened, started, incomplete, damaged, or whose packaging has been damaged will not be returned, exchanged, or refunded. Indeed, since the subscription covers a complete package, the return of the complete package is mandatory.

INVERS SA will reimburse the Customer who has notified the exercise of his right of withdrawal within the time limit within thirty (30) days from receipt of the notification of withdrawal. It is specified that in the event that the package has left the workshop before the exercise of the right of withdrawal, INVERS SA will have to wait for the return of the customer to process the refund. The customer's account will be re-credited with the amount debited. Shipping costs will be borne by the customer.

II.8 - Right of withdrawal

Any refund request or cancellation notification must be made by email to: hello at tomojo dot co (Subject: refund request). Any request made by phone, online chat, social media, through the carrier, or by any other means will not be considered.

To exercise your right of withdrawal, you must notify your decision to withdraw by means of an unambiguous declaration:

By mail to the address INVERS SA Field of the Cross 63 720 Saint-Ignat
By email at hello@tomojo.co
By returning the withdrawal form below.

Withdrawal form

For the attention of INVERS SA Field of the Cross 63 720 Saint-Ignat or at hello@tomojo.co

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

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

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date :

(*) Delete as appropriate.

To comply with this withdrawal period, you simply need to send ENTOMOJO your withdrawal request before the withdrawal period expires.

II.9 - Mediation

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, INVERS SA adheres to the e-commerce Mediator Service of FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr. After prior written action by consumers towards INVERS SA, the Mediator Service may be contacted for any consumer dispute which has not been resolved.

In all cases, INVERS will:

will report its inability to resolve the dispute, and
will at that time provide the information required by law concerning the mediator, including his 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 .

Consenting to mediation will not affect your right to have the dispute brought before a court.

II.10 - Promotional offers

INVERS SA reserves the right to offer promotional offers (introductory offers, etc.) to 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 stated otherwise.

“Previously Registered Customer” means any household in which a member has previously 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, address of the credit or debit card holder registered on tomojo.co.

All promotional offers are limited to one request and one animal per household, unless otherwise expressly stated. In the event that a household that has already used the Service INVERS SA would seek to benefit more than once from a promotional offer, INVERS SA will be entitled to refuse the request, cancel the sending, cancel the subscription, block all linked 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 under the offer. Certain dog activity levels may be excluded from the offers.

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

III - General information

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

Members acknowledge and accept that INVERS SA assumes no responsibility towards them for any unavailability, suspension or interruption of the Site or the Service and cannot be held liable for direct or indirect damages of any nature resulting from this fact.

In any case, and without prejudice to what has just been set out above and in the other clauses concerning the absence of liability of INVERS SA , any cause of liability which could 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 as Service fees.

III.1 - Access to the Site

In the event of non-compliance with all or part of the obligations arising from these General Terms and Conditions, payment incident, provision of incorrect information when creating the User Account or acts likely to harm the interests of INVERS SA or for any other objective reason, the 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 damages being claimed.

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

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

III.3.a - General provisions

In accordance with the provisions of Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files and freedoms, known as the "Information Technology and Freedoms" law, INVERS SA has made a prior declaration to the National Commission for Information Technology and Civil Liberties (CNIL) regarding the processing it carries out on your personal data, in accordance with simplified standard no. 48 (CNIL deliberation 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 – JO no. 149 of June 28, 2005).

The controller of your data is INVERS SA . In accordance with the provisions of simplified standard no. 48, only employees and service providers of INVERS SA have access to your personal data. INVERS SA , whose task is to operate the Site or provide the Service.

The data indicated as mandatory in the form allowing you to become a user of the Site and the Service requires an exact response from you. Any failure to respond or any response deemed abnormal by INVERS SA may result in the refusal of INVERS SA to take into account your request to register for the service.

Data collected by INVERS SA, within the framework of the services provided on the Site, are processed in accordance with the provisions of simplified standard no. 48 and the “Informatique et Libertés” law.

III.3 - Processing of Members' personal data and content of the site

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 the personal data concerning Members in strict compliance with simplified standard no. 48 and the “Informatique et Libertés” law.

Any use of personal data other than that indicated above must be subject to individual, prior and explicit consent from Members.

In accordance with the “Information Technology and Freedoms” law, INVERS SA will collect the consent of Members 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 "Informatique et Libertés" law, you have the right to access and rectify your personal data + deletion, by contacting the Site's webmaster, except for personal data that you have given to INVERS SA when you have completed your online membership form and it is your sole responsibility to modify and update it, as stated in article III.3.d of these T&Cs.

In accordance with the "Informatique et Libertés" law, you have the right to object, free of charge and without charge, to the use of your personal data for prospecting purposes, in particular commercial, by INVERS SA or its business partners. If your right to object is exercised for this reason directly with INVERS SA , the latter undertakes to pass on your opposition to its contractual partners to whom it may have transmitted your personal data.

In accordance with the “Information Technology and Freedoms” law, INVERS SA undertakes to ensure that your personal data, even that transmitted to potential business partners, is not transmitted outside the European Union.

In accordance with the “Information Technology and Freedoms” law, INVERS SA reserves the right to transmit your personal data, 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 - Updating personal data

You agree to ensure, as necessary, that your personal data is updated. You further agree that your personal data is accurate, complete and unambiguous. You may at any time access your User Account, which contains all the personal data you have provided to us, using your password and login on the website. INVERS SA .

III.3.e - Security of personal data

In accordance with the “Information Technology and Freedoms” law, INVERS SA undertakes to take all necessary 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, to prevent your personal data from being distorted, damaged, or accessed by unauthorized third parties.

The information allowing the Member to identify himself, such as the username and password, is personal and confidential. This information can only be modified on the initiative of the Member or INVERS SA, particularly in the event of forgetting the password. The Member is solely responsible for the use of his identification elements, he is required to keep them secret. Any disclosure on his part can under no circumstances be blamed on INVERS SA . Any order placed using the Member's username and password is deemed to have been placed by the latter. INVERS SA cannot under any circumstances be held liable for damages caused by the disclosure of this personal and confidential data by the Member and therefore the use of this data by a third party. INVERS SA cannot under any circumstances be held liable for any damage of any nature whatsoever, in particular due to the use of the subscribed services, damage to reputation, image, or loss of data which could occur due to the use of the services offered by INVERS SA .

III.3.f - Site hosting

The host of the site mentioned in article I.1 of these T&Cs acts as a subcontractor of INVERS SA , within the meaning of the “Information Technology and Freedoms” law, only on written instructions from INVERS SA , and does not have the right to use the personal data of users to which it may have access, except for the purposes of performing technical hosting and database management services and only under the contractual conditions signed between the host and INVERS SA which cannot deviate from this article.

The site http://tomojo.co/ 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 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 an infringement likely to lead to civil and/or criminal proceedings and expose the offending visitor to the penalties recalled.

III.4 - Intellectual property

INVERS SA is not responsible for the content entered on the Site by Members. It is up to Internet users to notify INVERS SA in the event of illicit content appearing on the Site so that it is removed. As soon as it has been brought to the attention of INVERS SA that content infringes the rights of third parties, INVERS SA will do everything possible to remove the disputed content from the Site without delay.

No user of the Site may publish information that is defamatory, offensive or harmful to third parties. INVERS SA will delete any information contrary to its ethics as soon as it becomes aware of it.

III.5 - Content of the site entered by Members

By accepting these T&Cs, you agree that the information provided at the time of registration will be published on the website 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 one of the 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

The rates of INVERS SA are denominated in euros and include all taxes.

Payment for the Services will be made by credit card (Bleue, Visa, Mastercard), Paypal, and Apple Pay. Payments will be secured by a data encryption procedure to prevent interception of this information by a third party.

Payments made by the Customer are considered final after actual collection of the sums.

INVERS SA cannot be held responsible in the event of fraudulent use of the payment methods 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 these T&Cs, the Member authorizes INVERS SA to send him emails to the address he provided when registering, subscribing or ordering.

You can unsubscribe from the newsletter at any time via the “My Account” area.

III.8 - Subscription to the newsletter

If one or more provisions of these General Terms and Conditions were declared invalid pursuant to a law or regulation or a final court decision, the other provisions would remain in force and effect.

III.9 - Safeguard clause

In the event of total or partial transfer of the activity of INVERS SA , the contracts binding 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 prior written consent from INVERS SA

The contracts, rights and obligations of INVERS SA may in any event be assigned or transferred without prior agreement from the Member.

III.10 - Transfer of rights and obligations

INVERS SA cannot be considered liable for total or partial contractual non-performance caused by an event of force majeure beyond its control.

III.11 - Force majeure

The Member recognizes the validity and probative force of the electronic exchanges and recordings kept by INVERS SA and admits that these elements receive the same probative force as a handwritten document under Law No. 2000-230 of March 13, 2000 adapting the law of evidence to information technologies and relating to electronic signatures.

Members acknowledge that the Site's computerized communications and records will be considered by the Parties as proof of exchanges, orders, payments and transactions between the Parties unless proven otherwise.

In the event that INVERS SA would have to communicate them, they will be considered admissible, valid and enforceable between the Parties, in the same manner, under the same conditions and with the same probative force as any document which would be established, received or kept in writing, except in the event of a manifest error. INVERS SA .

III.12 – Convention on Evidence

III.13.a - Prescription

Any claim against INVERS SA in relation to these General Terms and Conditions shall be time-barred within one year. It is irrefutably presumed that the Member waives a payment that has not been requested within one year. Unclaimed amounts are acquired INVERS SA .

III.13 - Disputes

III.13.b - Applicable law and competent jurisdictions

These General Terms and Conditions are subject to French law, applicable regardless of the Customer's country of residence and the place where the contract is concluded. The application of the Vienna Convention on the International Sale of Goods is expressly excluded.

In the event of a dispute, INVERS SA will actively seek an amicable solution to their dispute with the Member and only if the amicable solution does not succeed after fifteen days of efforts will the most diligent of the Parties be free to refer the matter to the courts. As necessary, the competent jurisdiction in the event of a dispute will be considered to be the competent courts of the place of the registered office of INVERS SA .