Preamble

These general conditions of sale govern the contractual relations between:
  • Caroline D, Self-employed, hereinafter referred to as “The Seller”.
  • And, any natural or legal person who places an order on the Seller’s website, hereinafter referred to as “the Buyer”.
These general conditions of sale apply in the context of the online sale of digital products and services offered by the Seller (hereinafter referred to as “Services”) to any order by the ‘Buyer on the wildycaro.com websites (hereinafter referred to as “the Site”).

Article 1 – Acceptance

These general conditions of sale, applicable as soon as they are posted online, detail all the obligations of the parties:
  • The Buyer is deemed to accept them without reservation.
  • The Seller and the Buyer agree that these general conditions of sale govern their relationship exclusively.
  • The Seller reserves the right to modify the general conditions of sale, subject to informing the Buyer in advance.
  • If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
Any order placed online on the Site constitutes full adherence and acceptance of these general conditions of sale.

Article 2 – Purpose

The purpose of these general conditions is to define the rights and obligations of the parties in connection with the sale of the following “Services”:
  • Digital photos
  • Digital Subscriptions

Article 3 – The order

The Buyer has the option of placing his order online from the Site. Any order constitutes acceptance of the prices, descriptions of the services available for sale as well as these general conditions of sale. To place the order, the Buyer must choose the product that suits them then click on the order button and provide the information necessary to process the order. In certain cases, including non-payment, incorrect address or other problem with the buyer’s account, the Seller reserves the right to block the Buyer’s order until the problem is resolved. For any questions relating to the tracking of an order, the Buyer must contact the Seller by email at the following address: caroline@wildycaro.com

Article 4 – Electronic signature

Payment of the order will constitute proof of the Buyer’s agreement in accordance with the provisions of the law of March 13, 2000 and will be worth:
  • payability of sums due under the purchase order,
  • signature and express acceptance of all operations carried out.
In the event of fraudulent use of the Paypal account or bank card, the Buyer is invited, as soon as this use is noted, to contact the Seller by email at the following address: caroline@wildycaro.com

Article 5 – Proof of the transaction

The data recorded in the Seller’s computer system, Seller’s computerized records, emails, constitute proof of all transactions, communications, orders and payments concluded between the parties.

Article 6 – Price

The price is in accordance with the price in effect at the time of the order.
  • The seller reserves the right to modify its prices at any time,
  • but he undertakes to apply the prices in force indicated at the time of the order.
All prices are indicated including all taxes and VAT.
  • The prices take into account the French VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the services offered, as a self-employed person, VAT n ‘is currently not applicable
  • If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change could be reflected in the selling price of products and services.< /li>
In principle, the price is payable in full in cash before the provision of the Services ordered. In all cases :
  • Payment of the entire price displayed on the Site must be made when ordering, including for pre-ordered products.
  • At no time can the sums paid be considered as deposits or deposits.
  • No dieno payment period is granted.

Article 7 – Payment method

Accepted payment methods are: Credit card (with Stripe or Paypal), Google Pay, Apple Pay, Cheques are not accepted. For payment by transfer, please contact Caroline directly by email caroline@wildycaro.com When the Buyer places an order on the Site, payment is made on the date of the order, including for pre-ordered products. Payment is made by: The information transmitted is encrypted and secured so that it cannot be read during transport over the network. Any guarantee as to the security of this system is entirely the responsibility of the company Stripe or Paypal, and cannot be attributed to the planet of Caro. Once the payment is initiated by the Buyer, the transaction is immediately debited after verification of the information. In accordance with article L.132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Buyer authorizes the Company to debit their card for the amount relating to the price indicated. The Buyer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or inability to debit the card, the sale is immediately automatically terminated and the sale canceled. The Buyer guarantees to the Seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form.

Article 8 – Delivery terms

For digital products

The download links for the ordered products will be provided automatically to the Buyer once the Stripe or Paypal payment service has received confirmation of payment from the Seller’s banking institution. The buyer will also receive by email:
  • how to access your account containing your orders.
For security reasons, the photo can only be downloaded once. If the buyer would like a copy, he must inform the seller who will provide him with the purchased photo. and in case it is no longer available a voucher for a new photo.

For any order

Access to the “My Account” areas and the training platform is strictly confidential. The Buyer undertakes not to transmit these codes to other people. In the event of a breach, access may be revoked by the Seller.

Article 9 – Suspension

The Seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The Seller also reserves the right to suspend, refuse to make a delivery or to honor an order from a Buyer who has not fully or partially paid a previous order or with whom a dispute is being administered. .

Article 10 – Right of withdrawal

Article L.121-20 of the Consumer Code indicates that the Buyer has a right of withdrawal of 14 clear days from the validation of his order to notify the Seller by email, without penalty, of his withdrawal and obtain reimbursement of amounts paid. However, the withdrawal period of fourteen (14) clear days does not apply to “digital content provided on an intangible medium and to subscription contracts for these services whose execution began with the agreement of the consumer and for which he waived his right of withdrawal. Therefore :
    • Digital products: downloads cannot be refunded or exchanged, due to the digital nature of the product (instant transaction, no return possible).< /li>

Article 11 – Customer reviews

Following his order, the Buyer may leave an opinion on the Site concerning the quality of the Seller’s service or product.
  • The Buyer is informed that the Seller does not a priori carry out any verification or moderation with regard to the comments published by the Buyer.
  • The Buyer is therefore bound by an obligation of moderation and undertakes to be as objective as possible.
  • However, the Seller reserves the right to modify or delete comments that may be offensive, threatening and/or inciting racial hatred if reported by a Buyer.

Article 12 – Intellectual Property

The content of the Site, the products, services (e.g.: photos and coaching), are the property of Planète de Caro and are protected by French and international laws relating to Intellectual Property. The Seller remains the owner of all intellectual property rights of the products and content with a view to providing services to the Buyer carried out by the Seller, and more particularly, without this list being exhaustive, on the training support modules. , module texts, ebooks, images, photos, texts, audios, videos (including video lessons) or technical tutorials… In other words, all elements of the site and the elements provided or used during the services are and remain the intellectual and exclusive property of the planet of Caro.
  • No one is authorized to reproduce, exploit, copy, rebroadcast, transmit or use for any reason whatsoever, even partially, elements of the site that they are software, visual or audio.
  • They may not under any circumstances be resold or made available to the public in any form, including electronically.
  • Moreover, the Buyer undertakes not to delete any mention of copyright, trademark or any other legal notice appearing on the content offered by the Seller.
In the event of violation of this prohibition, the Seller reserves the right to permanently suspend the provision of Services to the Buyer, to expose him to prosecution and to demand damages from him.

Article 13 – Confidentiality

The parties undertake to maintain confidentiality regarding the information and documents exchanged concerning the other party during the service, of whatever nature (economic, commercial, technical, educational material, etc.). As an exception, this commitment will not apply if:
  • disclosure is required by applicable law within the limits of what is required by such law, and provided that prior notification has been sent to the other Party;
  • if disclosure is required by an administrative authority having jurisdiction over the said Party, within the limits of what is required;
  • if, in the absence of misconduct by a Party, the information is already known to the public;
  • if the disclosure has been previously authorized in writing by the other Party, within the limits of what has been authorized.

Article 14 – Personal data

Personal data collected from Buyers is subject to computer processing carried out by the Seller. They are recorded in its Clients file.
  • This data is necessary for the processing of the order, the delivery of products and services by the Seller.
  • They may be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
  • In addition, the information: first name, location, product and date of purchase may also be used by a third party service to notify future Buyers of the latest orders on the site.
This information and personal data are kept for security purposes, in order to comply with legal and regulatory obligations, for as long as necessary for the execution of orders and any guarantees that may apply. In the absence of express opposition on his part, the Buyer gives his consent to the use of the personal data collected under the terms of his order, as part of the Seller’s customer file. And in accordance with law n°78-17 of January 6, 1978, known as the Data Protection Act, updated by the law of August 6, 2004, the Buyer has a right of access, rectification and opposition. information about him. This right can be exercised by making a written request by email to caroline@wimdycaro.com.

Article 15 – Information on the Site

The products and services governed by these general conditions are those which appear on the Seller’s website and which are indicated as sold and delivered by the Seller. The services and products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the Seller cannot be held liable. The Seller reserves the right to withdraws sale products and services at any time.

Article 16 – Hypertext links

Hypertext links may refer to sites other than the Seller’s Site. The Seller disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.

Article 17 – Obligations of the Buyer

The Buyer undertakes to use the Site legitimately, in compliance with applicable regulations.
  • The Buyer does not infringe the rights of third parties and remains solely responsible for the use of the Site and the content it may publish.
  • The Buyer undertakes to (i) not use the Site for illicit purposes; (ii) not publish or transmit illicit content via the Site, such as in particular content relating to the apology of crimes against humanity, incitement to racial hatred and violence, pornography, violation of human dignity as well as any discriminatory, defamatory, offensive content or content likely to violate privacy.
The Buyer acknowledges having suitable computer equipment with a correct internet connection to use the Seller’s Services and being responsible for his own equipment.
As part of the provision of the Services by the Seller, and taking into account the nature of the Services provided by the Seller, i.e. the provision of digital content with high added value for its Customers, the Buyer agrees to :
  • Personally use the content made available by the Seller following order placement;
  • Do not copy the content made available by the Seller, in accordance with the article “Intellectual Property”;
  • Do not communicate your access codes to a third party so that they can access the content offered by the Seller;
Consequently, in the event that the Buyer has not complied with its above-mentioned obligations, the Seller reserves the right to permanently suspend the provision of the Services to the Customer and to request damages.

Article 18 – Responsibilities of the Seller

The seller guarantees, in accordance with legal provisions, the Buyer, against any lack of conformity of the Services and any hidden defect, resulting from a defect in the design or supply of said Services to the exclusion of any negligence or fault of the Buyer. .
  • The Seller’s liability can only be incurred in the event of proven fault or negligence and is limited to direct damage to the exclusion of any indirect damage, of any nature whatsoever.
  • In order to assert his rights, the Buyer must, under penalty of forfeiture of any action relating thereto, inform the Seller in writing of the existence of the defects within a maximum period of time. fifteen (15) days from their discovery.
  • The Seller will rectify or have rectified, at its exclusive expense, according to the appropriate terms and conditions approved by the Buyer, the Services deemed defective.
  • In any event, in the event that the Seller’s liability is found, the Service Provider’s guarantee will be limited to the amount excluding tax paid by the Customer for the provision of the Services.
The Seller cannot be held responsible for damage suffered by a Buyer, for non-functioning or poor conditions of use of the site attributable to unsuitable equipment, to internal malfunctions of the user’s access provider, to congestion on the Internet network, and for any other reasons external to the Seller.
  • In particular the Seller cannot be held responsible for damage resulting from misuse of the product purchased, from any problem linked to or arising due to the interpretation of the products and services sold on the Site, nor for any inconveniences or damages inherent in the use of the Internet network.
  • Moreover, under no circumstances can the Seller be held liable for any delay, error, defect or cancellation caused by the Buyer.
  • Finally, as a host within the meaning of Article 6 II of Law No. 2004-575 of June 21, 2004, the Seller has no control over the content provided by the Buyers and could only be held liable in this regard if they have not acted promptly after reporting illegal content.

Article 19 – Force majeure

In accordance with article 1218 of the Civil Code, force majeure is defined as an event of an insurmountable and irresistible nature, resulting from an event outside the control of the parties, which consists of an event or series of events of natural origin.climatic, pandemic, bacteriological, military, political or diplomatic nature. By express agreement, constitutes in particular a case of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals (non-exhaustive list):
  • Occurrence of a pandemic (Spread of a virus) or a state of health emergency requiring confinement;
  • the blocking of means of transport or supplies,
  • Occurrence of acts of terrorism disrupting the continuity of commercial relations;
  • The shutdown of telecommunications networks or difficulties specific to telecommunications networks external to the Buyer and the Seller.
  • National-scale social movements;
  • The declaration of martial law;
  • Earthquakes, fires, storms, floods, lightning.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence as well as their disappearance.
  • Cases of force majeure are considered as reasons for exemption from the obligations of the parties and result in their suspension.
  • The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.
  • The Seller cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described above, results from a force majeure.
  • Delays or non-execution of agreements resulting from force majeure cannot give rise to compensation, late payment penalties or the payment of damages.
  • Similarly, the provisions of this article may in no case exempt one party from the obligation to pay to the other any sum it owes.

Article 20 – Applicable law

These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for substantive rules as well as for formal rules. The language of this contract is French. In the event of a dispute or complaint, the buyer will contact the Seller as a priority to obtain an amicable solution. Failing this, the buyer may initiate proceedings before the Commercial Court of Nancy, the location of the Seller’s head office.