TERMS AND CONDITIONS OF SALE
Date of last update: October 2022.
Article 1 - LEGAL INFORMATION
Kaskal, a individual company, registered in the R.S.E.I.R.L of Paris under the number 904 854 130, whose registered office is located at 1 QUAI DE LA CORSE 75198 PARIS CEDEX 04, represented by Jean-Charles Touzalin, duly authorized, (hereinafter referred to as the "Operator").
The Sites are hosted by the companies AWS and Webflow.
The Director of the publication of the Sites is Jean-Charles Touzalin.
The Operator can be reached directly through the Facebook Messenger page.
Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The terms and conditions of sale (the "Terms and Conditions of Sale", or the "T&Cs") are applicable exclusively to the online sale of services offered by the Operator on the Sites.
The T&Cs are made available to customers on the Site where they can be consulted directly and can also be communicated to them on request by any means.
The T&Cs are opposable to the customer who recognizes, by notching a box envisaged for this purpose, to have had knowledge of them and to have accepted them before placing order. The validation of the order by its confirmation is worth adhesion by the purchaser with the T&Cs at the day of the order whose conservation and the reproduction are ensured by the Operator.
The T&Cs are also systematically sent with any order confirmation sent to the Client by the Operator. Any Customer is therefore deemed to have read and accepted without reservation all the provisions of the T&Cs, which will apply to all services provided by the Operator. The T&Cs shall prevail over any clauses and conditions to the contrary that may appear in the general conditions of purchase or any other document issued by the Customer. Any contrary conditions set by the Customer will therefore, in the absence of express acceptance by the Operator, be unenforceable against the latter. However, the Operator reserves the right to derogate from certain clauses of the T&Cs according to the negotiations carried out with the Customer, by the establishment of particular conditions of sale (in particular by the conclusion of a contract of provision of services) which will be approved by the Customer.
Article 3 - DESCRIPTION OF SERVICES
The Sites are provided for the online sale of services of Roger.ai (hereinafter the "Service(s)") open to any individual or legal entity using the Sites (the "Customer"). The Services presented on the Sites are each the subject of a description mentioning their essential characteristics. The photographs illustrating the Services do not constitute a contractual document. The Services comply with the provisions of French law.
The Customer remains responsible for the methods and consequences of his access to the Sites, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at the Customer's expense. In addition, the Customer must provide and be entirely responsible for the equipment necessary to connect to the Sites.
The Customer acknowledges that he has checked that the computer configuration he uses is secure and in working order.
Article 4 - CREATION OF THE CUSTOMER ACCOUNT
To place an order on the Sites, the Customer will first have his personal customer account created automatically when first engaging in a conversation with the Chatbot. Once created, in order to access it, the Customer must identify himself using his Facebook account. It is the Customer's responsibility not to communicate his login and password in accordance with the provisions of the article PERSONAL DATA herein. Each Customer undertakes to maintain strict confidentiality regarding the data, in particular the identifier and password, enabling him to access his customer account, the Customer acknowledging that he is solely responsible for accessing the Service using his identifier and password, unless fraud is proven.
The Customer undertakes at the time of his registration to:
- Provide real, accurate and up-to-date information at the time of entry into the registration form of the service, and in particular not to use false names or addresses, or names or addresses without being authorized to do so.
- Maintain registration data to ensure that it is real, accurate and up-to-date at all times.
The Customer also undertakes not to make available or distribute illicit or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). If this is not the case, the Operator will be able to suspend or terminate the Customer's access to the Site at his own risk.
Article 5 - ORDERS
When placing an order, the Customer must select the chosen Services, add them to his basket by indicating the selected Services and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to correct the contents of his basket, before validating it.
The Customer undertakes to read the General Terms and Conditions at the time before accepting them and confirming the terms and conditions and any delivery and withdrawal charges prior to payment of the order. The confirmation of the order entails acceptance of the T&Cs and forms the contract.
The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places an order, he/she must confirm it using the "double-click" technique, i.e., after selecting the Products added to the basket, the Customer must check and possibly correct the contents of his/her basket (identification, quantity of products selected, price, delivery terms and costs) before validating it by clicking on "I validate my delivery", then he/she acknowledges acceptance of these T&Css before clicking on the "I pay" button, and finally, he/she validates his/her order after filling in his/her bank details. The "double click" is an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Customer.
The archiving of communications, order forms and invoices is ensured by the Operator on a reliable and durable support so as to constitute a faithful and durable copy. These communications, order forms and invoices can be produced as proof of the contract. Except contrary proof, the data recorded by the Operator on Internet or by telephone constitute the proof of the whole of the transactions passed between the Operator and its Customers.
A copy of these General Terms and Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of the Order so that the Customer can refer to them.
The contractual information relating to the order (including the order number) will be confirmed by e-mail in due course and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the "my account" space. The Operator also advises the Customer to print and/or file this invoice on a reliable and durable medium as proof.
Any email that will be sent to the Customer in the context of an order will be sent to the email address that the Customer uses to identify himself in his customer account.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that :
● The Customer would not respect the General Conditions at the time of his order;
● The Customer's order history shows that there are outstanding amounts from previous orders;
● One of the Customer's previous orders is the subject of a dispute being processed;
● The Customer has not responded to a request for confirmation of his order sent to him by the Operator.
The Operator shall archive the contracts for the sale of Services in accordance with the applicable legislation.
Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.
The information communicated by the Customer when placing the order is binding. Thus, the Operator cannot be held responsible in the event that an error during the placing of the order would prevent or delay the delivery.
The Customer declares that he has full legal capacity to commit himself under these General Conditions.
Registration is open to adults and minors, provided that they are under the supervision of a parent or guardian with parental authority. Under no circumstances is registration authorized on behalf of third parties unless they are validly authorized to represent them (e.g. a legal entity). Registration is strictly personal to each Client.
In case of breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate without notice the account of the Customer.
Article 6 - PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price against the provision of the ordered Service.
The Customer is informed that the Service cannot be made available before the Operator has fully collected the sums due by the Customer.
The Operator uses the online payment solution Stripe.
Orders can be paid for using one of the following payment methods:
● Payment by credit card. The payment is made directly on the secure bank servers of the Operator's bank, the Customer's bank details do not pass through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The Customer's order is recorded and validated as soon as the bank accepts the payment.
The Customer's account will be debited for the corresponding amount only when (i) the data of the credit card used has been verified and (ii) the debit has been accepted by the bank that issued the credit card.
The impossibility of debiting the sums due will result in the immediate nullity of the sale.
In particular, the credit card may be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
● Payment by electronic wallet (Paypal type). The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for his order securely without communicating his bank details.
Where applicable, the order validated by the Customer will not be considered effective until the secure bank payment center has given its agreement to the transaction.
Within the framework of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize his order. These documents will not be used for any other purpose.
Article 7 - PAYMENT OF THE PRICE
The price of the Services at the time of the order is indicated in dollars including all taxes on the Sites. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of the advertisement made for the promotion.
The price is payable in dollars ($) only.
The price is payable in full after confirmation of the order. The prices offered include any discounts and rebates that the Operator may grant.
The total amount due by the Customer and its details are indicated on the order confirmation page.
Article 8 - RIGHT OF WITHDRAWAL
The Customer will benefit from a withdrawal period of fourteen (14) calendar days from the conclusion of the contract, in accordance with Article L. 221-19 of the Consumer Code.
If the Client wishes the performance of a service to begin before the end of the withdrawal period, the Operator shall receive his express request by any means.
The Client who has exercised his right of withdrawal for a service whose execution has begun, at his express request, before the end of the withdrawal period, shall pay the Operator an amount corresponding to the service provided until the communication of his decision to withdraw; this amount is proportionate to the total price of the service agreed in the contract (and will therefore be equal to the total price of the service if the entire service has been performed).
No sum is due by the Customer who has exercised his right of withdrawal if his express request has not been taken into account or if the Operator has not respected the obligation to provide information as provided for in 4° of article L. 221-5 of the Consumer Code.
In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 and following of the Consumer Code, the Customer is invited to request a withdrawal through the Facebook Messenger page.
The Operator will send an acknowledgement of receipt of the Customer's withdrawal request by message.
If necessary, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:
- name, geographic address, telephone number and e-mail address ;
- The Customer shall give notice of his decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail as long as these details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form but this is not obligatory.
The exceptions of article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract (including):
1° The supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
11° Concluded at a public auction ;
(12) the provision of accommodation services, other than residential accommodation, transportation of goods, car rental, catering or leisure activities that must be provided on a specific date or at a specific time;
13. The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.
The Operator will reimburse the Customer the amounts due within fourteen (14) days from the receipt of all the elements allowing to implement the reimbursement of the Customer. This refund may be made by the same means of payment as that used for the Customer. As such, the Customer having paid his order in the form of credit notes / gift vouchers may be reimbursed by credit notes / gift vouchers according to the Operator's will.
By accepting the present General Conditions, the Customer expressly acknowledges having been informed of the withdrawal terms and conditions.
Article 9 - CUSTOMER SERVICE
The Customer may contact the Operator by message on the Facebook Messenger page indicating the subject of his request and the number of the order concerned.
Article 10 - INTELLECTUAL PROPERTY AND LICENSE OF USE
The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images, animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereafter, the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or not, by a Client or by a third party, whatever the means and/or media used, whether known or unknown to date, without the express prior written authorisation of the Operator on a case-by-case basis, and the Client is solely responsible for any unauthorized use and/or exploitation.
ARTICLE 11 - LIABILITY AND WARRANTY
The Operator declares that he has taken out insurance to cover his professional and contractual liability.
The Operator cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party to the present contract.
The Customer acknowledges that the characteristics and constraints of the Internet do not allow the security, availability and integrity of data transmissions on the Internet to be guaranteed. Thus, the Operator does not guarantee that the Site and its services will function without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or presentation.
The Operator cannot be held responsible for the use which would be made of the Site and its services by the Customers in violation of the present General Conditions and for the direct or indirect damage which this use could cause to a Customer or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for his behavior towards third parties. In the event that the Operator's responsibility is sought because of such behavior by one of its Customers, the latter undertakes to guarantee the Operator against any sentence pronounced against him and to reimburse the Operator for all costs, in particular lawyers' fees, incurred in his defense.
ARTICLE 12 - PERSONAL DATA
Each Customer is solely responsible for maintaining the confidentiality of his or her login and password, and is solely responsible for all accesses to his or her Customer Account, whether authorized or not.
The Operator cannot be held responsible for any action or damaging fact carried out via the Customer's personal space by a third party who would have had access to his identifiers and password following a fault or a negligence being attributable to the Customer. The Customer undertakes to inform the Operator immediately if the Customer is aware of or suspects any unauthorized use of or access to his personal space.
Article 13 - HYPERTEXT LINKS
The hypertext links available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he/she will leave the Site and agree to use the third-party sites at his/her own risk or, if applicable, in accordance with the conditions governing them.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
In addition, the Customer acknowledges that the Operator does not endorse, guarantee or take over all or part of the conditions of use and/or content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to inform him of any hypertext link present on the Site which would allow access to a third party site proposing content contrary to the laws and/or good morals.
The Customer may not use and/or insert a hyperlink to the site without the prior written consent of the Operator on a case-by-case basis.
Article 14 - REFERENCES
The Client authorizes the Operator to mention the name of the Client and its logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).
ARTICLE 15 - GENERAL PROVISIONS
ENTIRETY OF THE PARTIES' AGREEMENT
These General Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their object. If one or more stipulations of these General Conditions are declared null and void in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope. In addition, the fact that one of the parties to these General Terms and Conditions does not take advantage of a breach by the other party of any of the provisions of these General Terms and Conditions shall not be construed as a waiver on its part to take advantage of such a breach in the future.
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to temporarily or permanently cease operating all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as the present General Conditions. The Customer is therefore required to refer to these General Conditions before using the Site. IN CASE OF MATERIAL MODIFICATIONS AND IN THE HYPOTHESIS OF CONTINUOUS / ONGOING SERVICES, THE USER WILL BE INFORMED BY MEANS OF AN EMAIL AND A WARNING ON THE SITE BEFORE THE IMPLEMENTATION OF THE MODIFICATION.
The Customer acknowledges that the Operator shall not be held liable in any way whatsoever to the Customer or any third party as a result of such modifications, suspensions or cessations.
The Operator advises the Customer to save and/or print out these General Conditions for safe and durable storage, so that they can be invoked at any time during the execution of the contract if necessary.
COMPLAINT - MEDIATION
In the event of a dispute, you must first contact the company's customer service department directly through the Facebook Messenger page.
In case of failure of the request for complaint to the customer service or in the absence of answer of this service within ten (10) days, the Customer can submit the dispute relating to the purchase order or to the present T&Cs opposing him to the appropriate mediator.
The mediator shall attempt, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
These Terms and Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read the present General Conditions.
By registering on the Site, the Customer confirms that he has read and accepted the General Conditions, making him contractually bound by the terms of these General Conditions.
The General Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to that day can be given to the Customer on request. It is therefore specified that any modification of the General Conditions which would be made by the Operator will not apply to any previous order, except with the express agreement of the Customer at the origin of a given order.