ARTICLE 1 - Scope of application
The present General Terms and Conditions of Sale (hereinafter referred to as "TOS") apply, without restriction or reservation, to any purchase of the following services:
Digital marketing solutions optimization service.
As offered by the Provider to professional or non-professional customers ("The Customers") on the website www.targetez.com
The main characteristics of the Services are presented on the website www.targetez.com
The Customer is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
These GTC are accessible at any time on the website www.targetez.com and will prevail over any other document.
The Customer declares that he/she has read these GTC and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site www.targetez.com
Unless proven otherwise, the data recorded in the computer system of the Provider constitute the proof of all transactions concluded with the Customer.
The coordinates of the Provider are the following ones:
SCHUELLER, Auto Entreprise
SIREN : 794 682 864
SIRET : 794 682 864 00028
Address : 1 rue de Bruges, 67000 Strasbourg, France.
Mail : firstname.lastname@example.org
ARTICLE 2 - Prices
The Services are provided at the prices in force appearing on the site www.targetez.com, at the time of the recording of the order by the Provider.
The prices are expressed in Euros, without and including VAT.
The prices take into account any discounts that may be granted by the Provider on the website www.targetez.com
These prices are firm and non revisable during their period of validity but the Provider reserves the right, outside of the period of validity, to modify the prices at any time.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice will be issued by the Provider and given to the Customer upon delivery of the ordered Services.
ARTICLE 3 - Orders
It is up to the Customer to select on the website www.targetez.com the Services he wishes to order, according to the following modalities:
The sale will be considered valid only after full payment of the price.
It is the Customer's responsibility to check the accuracy of the order and to immediately report any error.
Any order placed on the website www.targetez.com constitutes the formation of a contract between the Customer and the Provider.
The Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
The Customer can follow the evolution of his order on the website.
ARTICLE 4 - Terms of payment
The price is paid by secure payment, according to the following methods:
Payment by credit card
The price is payable in full by the Customer on the day the order is placed.
The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider involved in the banking transactions carried out on the site www.targetez.com
The payments made by the Customer will be considered final only after effective collection of the sums due, by the Provider.
The Provider shall not be obliged to provide the Services ordered by the Customer if the Customer does not pay the full price in accordance with the above conditions.
ARTICLE 5 - Provision of Services
The Services ordered by the Customer will be provided according to the following modalities:
Access to the Services from the moment of payment.
The said Services will be provided within a maximum of 7 days from the date of the order. The Customer has access to the service from the date of the final validation of the Customer's order, under the conditions provided for in these GTC at the address indicated by the Customer when ordering on the website https://www.targetez.com
The Provider undertakes to make its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the time limits specified above.
If the ordered Services were not supplied within 7 days after the indicative date of supply, for any other cause than the force majeure or the fact of the Customer, the sale of the Services could be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any compensation or retention.
In the event of a specific request from the Customer concerning the conditions of supply of the Services, duly accepted in writing by the Provider, the costs related to it will be subject to a specific additional invoice.
In the event of a specific request by the Customer concerning the conditions of supply of the Services, duly accepted in writing by the Service Provider, the costs related thereto shall be subject to a specific additional invoice.
In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, the Services shall be deemed to be in conformity with the order, in quantity and quality.
The Customer shall have a period of 14 days from the delivery of the Services to make claims by e-mail, with all the related supporting documents, to the Provider.
No claim will be validly accepted if the Customer does not comply with these formalities and deadlines.
The Provider will refund or rectify as soon as possible and at its own expense the Services whose lack of conformity has been duly proven by the Customer.
ARTICLE 6 - Right of withdrawal
According to the terms of article L221-18 of the French Consumer Code "The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons for his decision or to bear other costs than those provided for in Articles L. 221-23 to L. 221-25.
The time limit mentioned in the first paragraph runs from the day :
1° Of the conclusion of the contract, for the contracts of provision of services and those mentioned in article L. 221-4 ;
2° Of the reception of the good by the consumer or a third party, other than the carrier, designated by him, for the contracts of sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal as of the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of multiple lots or parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or part.
For contracts providing for regular delivery of goods over a defined period of time, the period shall run from receipt of the first good.
The right of withdrawal can be exercised online, using the withdrawal form attached or by email to email@example.com and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and including by mail addressed to the Provider to the postal address or email indicated in ARTICLE 1.
In case of exercise of the right of withdrawal within the above-mentioned period, only the price of the ordered Services is refunded.
The reimbursement of the sums effectively paid by the Customer will be made within 14 days from the receipt by the Provider of the notification of the Customer's withdrawal.
ARTICLE 7 - Liability of the Provider - Guarantees
The Provider guarantees, in accordance with the legal provisions and without additional payment, the Customer, against any defect of conformity or latent defect, resulting from a defect of design or realization of the ordered Services under the following conditions and according to the following methods:
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code:
"The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility."
Article L217-5 of the Consumer Code:
"The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, where appropriate :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
Article L217-16 of the Consumer Code:
"When the buyer asks the seller, during the course of the commercial guarantee that was granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period starts from the date of the buyer's request for intervention or from the date the goods in question are made available for repair, if the goods are made available after the request for intervention.
In order to assert its rights, the Customer shall inform the Provider, in writing (e-mail or letter), of the existence of the defects or lack of conformity.
The Provider shall refund or rectify or have rectified (to the extent possible) the services found to be defective as soon as possible and no later than 14 days after the Provider's finding of the defect or fault. This refund may be made by bank transfer or check.
The Provider's warranty is limited to the refund of the Services actually paid by the Customer.
The Provider shall not be held responsible or liable for any delay or failure to perform due to the occurrence of a force majeure event usually recognized by French jurisprudence.
The Services provided through the website www.targetez.com of the Provider are in accordance with the regulations in force in France. The Provider shall not be liable for any failure to comply with the laws of the country in which the Services are provided, which it is the Customer's sole responsibility to verify.
The satisfaction guarantee is offered in the case of the purchase of a Targetez software license. This satisfaction clause offers trial and/or refund periods. If there is no mention of this on the product sales page, it is because it is not applicable.
Anyone who uses this refund right, when it is mentioned, cannot buy any more products from Targetez.
With this provision, we want to avoid any further disappointment of our customer.
Furthermore, once the right of refund has been used, this clause can no longer be applied. We also want to avoid abusive use of freebies, waste of time to our teams and reduce industrial espionage, punished by international laws, of companies or professionals with bad intentions.
ARTICLE 8 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Services and their realization and delivery, entrusted to the Provider. These personal data are collected only for the execution of the contract of services.
ARTICLE 8.1 - Collection of personal data
The personal data that are collected on the site www.targetez.com are the following:
Account opening: During the creation of the account Customer / user: names, first names, postal address, telephone number and e-mail address.
Payment: Within the framework of the payment of the Services proposed on the site www.targetez.com, this one records financial data relating to the credit card of the Customer / user.
ARTICLE 8.2 - Recipients of personal data
The personal data are reserved for the sole use of the Provider.
The data controller is the Provider, in the sense of the French Data Protection Act and as of May 25, 2018 of the Regulation 2016/679 on the protection of personal data.
ARTICLE 8.3 - Limitation of processing
Unless the Customer expresses his express consent, his personal data are not used for advertising or marketing purposes.
ARTICLE 8.4 - Data retention period
The Service Provider will keep the data collected for a period of 5 years, covering the time of prescription of the applicable contractual civil liability.
ARTICLE 8.5 - Security and confidentiality
The Provider implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Provider cannot guarantee the security of the transmission or storage of information on the Internet.
ARTICLE 8.6 - Implementation of the rights of Customers and users
In application of the regulations applicable to personal data, the Customers and users of the www.targetez.com website have the following rights:
They can update or delete the data which concern them by making a request of unsubscription by e-mail to firstname.lastname@example.org.
They can delete their account by writing to the e-mail address indicated in article 9 "Data controller".
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9 "Data controller".
If the personal data held by the Provider is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9 "Data Controller".
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9 "Data controller".
They may also request the portability of data held by the Provider to another provider.
Finally, they may object to the processing of their data by the Provider.
ARTICLE 9 - Person in charge of processing personal data
The right of access to personal data and related rights, as long as they do not object to the purpose of the processing, can be exercised by sending a request by mail or by e-mail to the Data Controller at email@example.com
The person in charge of treatment must bring an answer within a maximum period of one month.
In the event of refusal to grant the Customer's request, this must be justified.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Provider. He will always have the possibility to withdraw his agreement at any time by contacting the Provider (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual property
The content of the website www.targetez.com is the property of the Vendor and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.
ARTICLE 11 - Applicable law - Language
The present GTC and the operations which result from it are governed and subjected to the French law.
The present GTC are written in French language. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 12 - Litigation
For any complaint, please contact the customer service at the postal or e-mail address of the Provider indicated in ARTICLE 1 of these GTC.
The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.
In this case, the designated mediator is: Service Médiation - E-mail: firstname.lastname@example.org
All disputes arising from the operations concluded in application of the present GTC and which would not have been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.