GENERAL TERMS AND CONDITIONS OF SALE – INTERNET
Effective date: 25/04/2024
Article 1 - Scope of Application
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to any purchase of the following services:
"memberships," one-year memberships to a new business network bringing together tech and cinema (and audiovisual) giants;
as offered by the Provider to non-professional clients ("Clients or the Client") on the website www.techcannes.com.
The main characteristics of the Services are presented on the website www.techcannes.com.
The Client is required to acquaint themselves with these characteristics before placing any order. The choice and purchase of a Service are the sole responsibility of the Client.
These GTC are accessible at any time on the website www.techcannes.com and shall prevail over any other document.
The Client declares that they have read these GTC and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website www.techcannes.com.
Unless proven otherwise, the data recorded in the Provider's computer system shall constitute proof of all transactions concluded with the Client.
The Provider's contact details are as follows:
Customs duties or other local taxes or import duties or state taxes may be applicable. They will be the responsibility of and are solely the responsibility of the Client.
Article 2 - Prices
The Services are provided at the rates in effect as shown on the website www.techcannes.com at the time of the order registration by the Provider.
Prices are expressed in Euros, excluding and including taxes.
The rates take into account any discounts that may be granted by the Provider on the website www.techcannes.com. These rates are firm and non-revisable during their validity period, but the Provider reserves the right, outside the validity period, to modify the prices at any time. Prices do not include processing, shipping, transportation, and delivery fees, which are charged additionally, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Client corresponds to the total amount of the purchase, including these fees. An invoice is established by the Provider and provided to the Client upon the provision of the ordered Services.
Article 3 - Orders
It is the responsibility of the Client to select on the website www.techcannes.com the Services they wish to order, according to the following modalities:
_______________.
The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and to immediately report any errors. Any order placed on the website www.techcannes.com constitutes the formation of a distance contract between the Client and the Provider.
The Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.
The Client can track the progress of their order on the website.
Article 4 - Payment Terms
The price is paid through a secure payment method, according to the following modalities:
The price is payable in full by the Client, in cash, on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider involved in bank transactions carried out on the website www.techcannes.com.
Payments made by the Client will only be considered final upon actual receipt of the amounts due by the Provider.
The Provider shall not be obligated to provide the Services ordered by the Client if the Client does not pay the full price under the conditions indicated above.
Article 5 - Provision of Services
The Services ordered by the Client will be provided according to the following modalities:
Goods and services, benefits, exclusive access to a business network.
Said Services will be provided within a maximum period of 1 hour from the final validation of the Client's order, under the conditions set forth in these GTC, at the address indicated by the Client when placing their order on the website www.techcannes.com.
The Provider undertakes to make its best efforts to provide the Services ordered by the Client, within the framework of an obligation to provide means and within the aforementioned deadlines.
If the ordered Services have not been provided within a period of 3 days after the indicative provision date, for any reason other than force majeure or the Client's actions, the sale of the Services may be resolved at the written request of the Client under the conditions provided for in articles L 216-2, L 216-3, and L 241-4 of the Consumer Code. The sums paid by the Client will then be refunded to them no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
In case of a specific request from the Client regarding the conditions of provision of the Services, duly accepted in writing by the Provider, the related costs will be subject to additional specific billing later on.
In the absence of reservations or complaints expressly made by the Client upon receipt of the Services, they will be deemed to be in conformity with the order, in terms of quantity and quality. The Client will have a period of 7 days from the provision of the Services to make complaints by email: contact@techcannes.com, with all relevant supporting documents, to the Provider.
No claim will be validly accepted in case of non-compliance with these formalities and deadlines by the Client.
The Provider will reimburse or rectify, at its own expense and as soon as possible, the Services for which the lack of conformity has been duly proven by the Client.
Article 6 - Right of Withdrawal
Considering the nature of the Services provided, orders placed by the Client are not eligible for the right of withdrawal.
The contract is therefore concluded definitively upon the placing of the order by the Client according to the modalities specified in these GTC.
Article 7 - Provider's Liability - Guarantees
The Provider guarantees, in accordance with legal provisions and without additional payment, the Client against any lack of conformity or hidden defect resulting from a defect in design or execution of the ordered Services under the following conditions and modalities:
Provisions regarding legal guarantees:
Article L217-4 of the Consumer Code
"The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing upon delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when it was put under their responsibility by the contract or carried out under their responsibility."
Article L217-5 of the Consumer Code
"The good is in conformity with the contract:
If it is suitable for the usual expected use of a similar good and, if applicable:
if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
Article L217-12 of the Consumer Code
"The action resulting from a lack of conformity is barred after 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 granted to them upon 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 remaining. This period runs from the buyer's request for intervention or from the availability for repair of the relevant good, if this availability is subsequent to the request for intervention."
In order to assert their rights, the Client must inform the Provider, in writing (email or letter), of the existence of defects or lack of conformity. The Provider will reimburse or rectify, or have rectified (to the extent possible), the services deemed defective as soon as possible and no later than 15 days following the Provider's acknowledgment of the defect or lack of conformity. This reimbursement may be made by bank transfer or bank check.
The Provider's guarantee is limited to the refund of the Services actually paid by the Client. The Provider cannot be considered liable or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognized by French jurisprudence.
The Services provided through the Provider's website _______________ comply with the regulations in force in France. The Provider's liability cannot be engaged in case of non-compliance with the legislation of the country in which the Services are provided, which it is the responsibility of the Client, who is solely responsible for the choice of the requested Services, to verify.
Article 8 - Personal Data
The Client is informed that the collection of their personal data is necessary for the sale of the Services and their realization and delivery, as well as for their transmission to third parties involved in the provision of the Services. These personal data are collected solely for the execution of the service provision contract.
8.1 Collection of Personal Data
The personal data collected on the website www.techcannes.com are as follows:
Account Opening
When creating a Client/user account:
Names, surnames, postal address, phone number, email address.
Payment
As part of the payment for the Services offered on the website www.techcannes.com, it records financial data related to the Client/user's bank account or credit card.
8.2 Recipients of Personal Data
Personal data is reserved for the sole use of the Provider and its employees. The data controller is the Provider, within the meaning of the Data Protection Act and as of May 25, 2018, the Regulation 2016/679 on the protection of personal data.
8.4 Limitation of Data Processing
Unless the Client expressly agrees, their personal data is not used for advertising or marketing purposes.
8.5 Data Retention Period
The Provider will retain the data collected for a period of 5 years, covering the time limit for the prescription of applicable contractual civil liability.
8.6 Security and Confidentiality
The Provider implements organizational, technical, software, and physical measures regarding 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.
8.7 Implementation of Clients' and Users' Rights
In accordance with applicable regulations on personal data, Clients and users of the website www.techcannes.com have the following rights:
They can update or delete their data as follows: by contacting the email address contact@techcannes.com.
They can delete their account by writing to the email address indicated in Article 9.3 "Data Controller."
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 "Data Controller."
If the personal data held by the Provider is inaccurate, they can request the update of the information by writing to the address indicated in Article 9.3 "Data Controller."
They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data Controller."
They can also request the portability of the data held by the Provider to another service provider.
Finally, they can object to the processing of their data by the Provider. These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are provided above.
The data controller must provide a response within a maximum period of one month. In case of refusal to comply with the Client's request, it must be justified. The Client is informed that in case of refusal, they can lodge a complaint with the CNIL (3 Place de Fontenoy, 75007 Paris) or seek judicial remedy. The Client may be asked to check a box indicating their acceptance to receive informational and advertising emails from the Provider. They will always have the option to withdraw their consent at any time by contacting the Provider (contact details above) or by following the unsubscribe link.
Article 9 - Intellectual Property
The content of the website www.techcannes.com is the property of the Seller 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 prohibited and may constitute an infringement.
Article 10 - Applicable Law - Language
These GTC and the operations arising from them are governed by and subject to French law. These GTC are drafted in the French language. In the event of translation into one or more foreign languages, only the French text shall prevail in case of dispute.
Article 11 - Disputes
For any claim, please contact customer service at the postal or email address of the Provider indicated in ARTICLE 1 of these GTC.
The Client is informed that they may, in any case, resort to conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.
In this case, the designated mediator is:
