General conditions of sale

General conditions of sale

Digital products

Any user and customer of the BirdPass site is invited to read these General Conditions of Sale (CGV) , as well as the General Conditions of Use (CGU) and the Privacy Policy . The unreserved acceptance of CGUs and GTC by the Customer is compulsory before being able to create an account on the BirdPass site and to make purchases of digital products and services.

These general conditions of sale (GTC) are concluded between:

On the one hand, the company Netpartage, managing the BirdPass site https://www.birdpass.fr and simplified joint -stock company with a share capital of 55,000 euros, whose head office is located at 2 impasse Maurice Leblanc - 76930 Octeville -sur -Mer in France - Telephone: (+33) 09.66.83.33.91 - contact@birdpass.fr , registered in the Havre Trade and Companies Register under number 431 642 651, having as an intra-community VAT number FR-81 431 642 651 and hereinafter called " Birdpass " or the " Seller ".

And, on the other hand, any eligible natural or legal person wishing to make a purchase on the BirdPass website https://www.birdpass.fr called below the " customer ".

Preamble

BirdPass makes the online sale of digital products and services, also called dematerialized or digital products and services, intended for consumers, through its website https://www.birdpass.fr : these are multimedia codes that can be used on digital content platforms, prepared recharges for mobile phones, recharging codes Games, subscriptions to video or music services on demand. Once his order has been validated, the customer directly receives a digital code that corresponds to the product or service. This code can then be entered by the customer on the brand's shop or service concerned.

Article 1. Object and field of application

These General Conditions of Sale (GTC) determine the rights and obligations of the parties for all online sales concluded between the customer and the seller. They constitute the sales contract between the customer and the seller. In the event of ambiguity and in the event that a situation is not provided in these GTC, this situation is resolved while respecting the spirit and the content of these GTC.

The GTC are available at any time on the BirdPass site and prevail on any other document. The Seller reserves the right to modify or develop the terms of these GTCs at any time, in order to comply with any new regulations or in order to improve the use of its site. Consequently, the applicable GTC will be those in force on the date of payment of the order by the Customer. At any time, the customer can, if he requests it, receive the GTC on paper.

The customer declares to have the required capacity to create an account and buy digital products on the BirdPass site. As such, the Customer acknowledges that the purchase of digital products on the BirdPass site is unrelated to their professional activity and is limited to strictly personal use. The Customer also acknowledges having full legal capacity, allowing him to commit to the CGV.

The Customer declares that they have read these General Conditions of Sale (CGV) . The Customer declares that they have accepted these GTC without restriction or reserve, by checking the box provided for this purpose, prior to any product purchase on the BirdPass site or any addition of credits on the balance of his BirdPass account. Otherwise, the Customer must immediately stop using the BirdPass services.

The choice and purchase of a digital product constitute the customer's decision. As such, the customer acknowledges that he has benefited from the advice and information necessary to choose the digital product corresponding to his needs. If it did not find the necessary information on the site, the customer has the possibility of contacting the customer service of the BirdPass site by phone or through the contact form , in order to ask his questions before registering or any purchase on the site.

The information, files and other elements recorded and kept by BirdPass constitutes proof of the reports and transactions carried out by the customer.

Article 2. Digital products

The digital products offered for sale are those which appear on the BirdPass site and are within the limits of available stocks only. The seller reserves the right to modify the assortment of the products at any time.

The descriptions and illustrations of digital products allow the customer to read the products before any ordering. They are presented in French. Product descriptions are given for information and in their current state according to the knowledge of Birdpass. For more detailed information, the customer has the possibility of verifying the characteristics of a particular product by going to the corresponding manufacturer's site. The illustrations of the products offered for sale have no contractual value.

The products presented on the BirdPass site can be used and valid in mainland France, sometimes they can also be valid for DOM / TOM or for certain countries of the European Union.

If the digital products purchased are intended to be used outside of mainland France, then it is up to the customer to check on the product page the indication that these products can be used in other regions or countries. It is also up to him to verify that the products complies with the technical requirements and standards set by the laws of the country where they must be used.

Article 3. Price

Digital products are sold to the prices in force appearing on the site when registering the order by the seller. These prices are expressed either in euros (€) all taxes included (TTC), taking into account the VAT applicable on the day of the order, or in credits.

Prices take into account any reductions. They are firm and not revisable. The seller reserves the right to modify its prices at any time for the future, but undertakes to apply the prices in force which will have been indicated to you on the date of your order.

Prices do not include service costs and transaction costs which can be billed in addition and which are indicated on the summary of the order before placing and payment. The payment requested from the Customer therefore corresponds to the total amount of the purchase by including any service costs and transaction costs, which the customer accepts when paying. However, the customer remains free not to continue his order if these costs do not suit him.

The telecommunications costs necessary for access to the BirdPass site are the responsibility of the customer.

Article 4. Order

The seller offers the Customer to order and pay his digital products by following several steps.

Before any order, the Customer must create an account on the BirdPass site. To do this, the Customer first learns of the General Conditions of Use (CGU) and the site's privacy policy Then, when creating his account, the Customer declares to accept the CGU, without restriction or reserve, and then completes the registration form. The Customer must indicate exact information concerning him, such as: his name and surname, his e-mail, his postal address, his telephone number, as well as his date of birth. This information will allow the seller to process and deliver his next orders.

Once the account has been created and each visit, the customer, if he wishes to order or consult his account, must identify himself thanks to his email and password.

The choice of a product to be ordered is made by browsing the Birdpass store with or without an electronic basket. During this route, the Customer consults the different product sheets with the useful specifications to verify that the chosen product corresponds to it well (technical characteristics, brand, platform, language, possible uses, valid region or countries, limitations, currency, etc.).

The customer then selects the product (s) to order. The choice of a product is the sole responsibility of the customer. The customer can change the quantity and list of products present in his basket he wishes to order.

When the basket is validated, a summary page of order appears indicating the delivery email, the products ordered and their prices, as well as the costs applied and the various means of payment offered. It is up to the customer to check the accuracy of the detail of his order and his information so that there is no error. On this summary page, the customer can modify his order if he wishes, modify his delivery email, cancel the order or validate it by accepting these general conditions of sale (CGV) whose corresponding box he has read and checked. In the event of validation of the order by the Customer, the payment procedure is then initiated.

The placing of an order leads to the acceptance of these GTCs, the recognition of having perfect knowledge and the renunciation of claiming its own purchasing conditions. This constitutes a sales contract between the customer and BirdPass. All of the data provided and the registered confirmation are proved to be proof of the transaction. The order is deemed final and accepted by BirdPass only when payment has been honored and validated in full. The order is then confirmed. The seller reserves the right to cancel or refuse any new order from a customer with whom there is a dispute relating to the payment of an previous order, as long as this dispute has not been resolved.

Once the security checks are necessary, the order is processed and sent to the customer by e-mail to the email address indicated during the order.

The information concerning the order can be viewed by the Customer on his BirdPass account in the history of orders.

In order to ensure the security of payment transactions, the seller applies procedures to verify customer accounts and/or legitimacy of transactions that may seem abnormal. In this context, before or after a purchase, one or more supporting documents may be requested from the customer by e-mail or on the site, such as identity document, proof of address, possession of the means of payment, proof of payment, report of banking identity, certificate on honor, customer photography or any other proof intended to verify the identity of the customer or a payment transaction and necessary in force. The supporting documents provided by the customer must be valid and clear enough to confirm the identity of the customer, his address or the transaction. In the event of a supply or non -compliance of the supporting documents, the seller reserves the right to put on hold, suspend or cancel the delivery of a product ordered by the customer. In the event of an illegal or fraudulent transaction, the customer is informed that these supporting documents may be transmitted to the competent authorities.

If the customer wishes to contact BirdPass, he can do so by mail at the following address: Netpartage SAS - Boutique Birdpass - 2 impasse Maurice Leblanc - 76930 Octeville -sur -Mer - France; either by e-mail by connecting to the contact , or by phone at (+33) 09.66.83.33.91

Article 5. Payment methods

The customer chooses the payment method of his choice from the solutions offered when ordering. These solutions can be: bank card (credit card (CB), visa, mastercard), PayPal, exchangeable or exchangeable credit system, any other payment solution for third party operator. The BirdPass site offers a wide choice of payment solutions in order to meet the varied requirements and habits of customers.

The management of payment means present on the BirdPass site is entrusted to third -party operators, providers specializing in securing online payments. These providers apply their own conditions that the customer must accept and they guarantee the confidentiality and security of banking information transmitted thanks to the encrypted mode (SSL protocols, 3-D Secure). For the use of their service, these third -party operators charge fixed costs and variable costs on the amount of each transaction, which the seller passes to the customer in the form of the transaction costs.

Once the Customer has validated his order, the Customer is redirected to the secure interface of the third party payment, in order to securely enter their payment information. Payment must be made in full and before delivery of the order. Once the payment is launched by the customer, the transaction is irrevocable and it is immediately debited after verifying the information. The payment made by the Customer is considered to be final after validation of this payment and effective collection of the sums due by the seller. In the event of a failure of a payment procedure, the corresponding order is immediately canceled and the seller will not delivery of the product ordered. In the event of non -compliance with these GTC, the seller reserves the right to put on hold, suspend or cancel the delivery of a product ordered by the customer.

The means of payment being managed by third -party operators, the seller cannot be responsible if the customer encountered a difficulty attributable to a means of payment. In the event of a payment problem, the Customer must share it in the customer service of the payment operator concerned and make his complaints to him.

For security and regulation reasons, transactions are limited and cannot exceed a certain maximum amount, which is specific to each means of payment during a period. If the customer may justify a sufficiently long and problem -free command and transaction history for several months, he may make a request for BirdPass customer service to request the increase in the maximum authorized amount. Depending on the customer history and regulation data, the seller reserves the right to accept or refuse the request without having to justify his choice.

The Customer is financially responsible for payment when he uses a payment method offered on the BirdPass site. He must make payment in a strictly personal and legal manner respecting the rules of the means of payment used. In particular, the Customer refrains from making payments using fraudulent processes. As such, the Customer will be responsible for unpaids, penalties and damage, which the seller may suffer due to a payment of the disputed customer, considered as fraudulent and canceled by a payment operator. In the event of suspicion of fraudulent maneuver, the seller reserves the right to put on hold, to suspend or cancel the delivery of a product commissioned by the Customer, as long as the latter has not provided evidence concerning the lawfulness of his payment.

Article 6. Credit system and balance €

The credits system and the € balance can be used and exchangeable only on the BirdPass site to buy digital products. They constitute rechargeable balances in advance, supplied by the customer thanks to various payment solutions offered: bank card (credit card (CB), visa, mastercard), PayPal, overwhelmed calls by telephone issuing a code to enter the site or any other payment solution for third party operator.

Once fed, credits or balance € allow you to easily and quickly make purchases of digital products and services on the BirdPass site, without having to use another means of payment. They can be used on the BirdPass site 7 days a week and 24 hours a day, except during site maintenance operations.

In the event of a supply of the credit balance by surcharged call, the customer must call a surcharged telephone number called "audiotel". Purchases of credits made on the BirdPass site and through the overlays of the micro-payment are subject to invoicing by the telephone operator used by the customer.

During the surcharged telephone call, a code is issued vocally. Credit involves entering the code on the BirdPass site. The customer is solely responsible for using the code. In particular, this code is strictly confidential and personal: it must not be disclosed to a third party. The code must be entered on the BirdPass site in the field provided for this purpose and within a maximum period of validity of 48 hours to be valid. After the validity period of 48 hours after the date of obtaining it, the code expires failing to have been used. It cannot be exchanged or reimbursed.

The micro-payments by surcharged call being solutions managed by third-party operators, the seller cannot be responsible if the customer encountered a difficulty following an invalid code or a surcharged call not issuing code. In the event of a problem, the Customer should share it directly in the customer service of the micro-payment concerned and make their complaint with him.

If the Customer considers that a technical problem has been able to prevent the validation of codes which he considers valid, then he can however report it to Birdpass via the contact form indicating: the number called, his calling number, the code (s) obtained (s) obtained (s), the date of obtaining the code (s). The seller will then transmit the customer's request to the micro-payment concerned to try to solve the problem. In any event, the seller specifies to the customer that he must enter the codes one by one and immediately stop using the micro-payment solution when he finds that a code is not validated.

For security reasons, to avoid overconsumption and to prohibit any use likely to prejudice third parties, or which would be contrary to morality or public order, transactions by surcharged calls are limited to a maximum monthly amount. They are not accessible using certain telephone operators that may present risk of fraud. They can be limited or suspended for certain customers with risks, previous difficulties or as a result of a notification of a telecommunications operator, a micro-payment or a state service. These limitations, whatever the reasons, do not give entitlement to any compensation for direct or indirect damage.

The Customer is responsible for all operations recorded on the credits system and the € balance balance. As such, the Customer guarantees not to divert the seller's services for fraudulent or illegal purposes against the seller or other third parties. The customer remains financially responsible for all operations carried out on their account. These operations must be carried out strictly personally, in a normal and legal framework. The customer refrains from using fraudulent processes to carry out operations. In the event of fraud or theft on the part of the customer, a recovery procedure will be implemented and the customer will be responsible for the reimbursement of prohibited operations, unpaid and any penalties on the part of operators, within 30 days after notification.

In the legal framework of the fight against fraud and money laundering, Birdpass reserves the right to ask the customer at any time one or more supporting documents, in order to certify their identity and the origin of the overcrowd calls made. These documents may be: ID, proof of domicile, possession of the means of payment, telephone subscription invoice, proof of payment of telephone bills, bank identity statement, attestation on honor, customer photography or any other proof deemed necessary. Pending the reception and analysis of these supporting documents, orders and account balances (credits or €) will be put on hold. If a verification fails or if the customer does not use the service in a legal, normal or regular framework while respecting the CGU and CGV, then the seller may proceed to the restriction, to a reservoir of temporary warranty, to the temporary or definitive blocking of the customer's account.

Article 7. Restriction, suspension and termination of account

The customer's account can be limited or suspended in the following cases:

If he wishes to terminate his account, the customer can go to his personal space and request the termination of his account.

Article 8. Transfer of property

Birdpass retains full and whole property of digital products sold until the perfect and complete price of the price, in principal, fresh and taxes included.

Article 9. Right of withdrawal

The seller informs his customers that due to the very nature of the digital products sold, the right of withdrawal is not proposed. Indeed, these are digital charging codes which are delivered quickly and which cannot be returned.

Article L221-28 13 ° of the Consumer Code excludes the application of the law of legal withdrawal of fourteen days during contracts for supplying digital content not issued on a material medium whose execution began after express prior agreement of the consumer and express renunciation of his right of withdrawal.

As a result, when he validates his order on BirdPass and accepts these CGVs, the Customer agrees to receive the digital product commanded by e-mail before the period of fourteen days and he expressly renounces his right of withdrawal.

The Customer takes full responsibility for choosing the appropriate product. Recharge codes purchased in error cannot be exchanged, because the seal is broken immediately after delivery.

Article 10. Delivery

The delivery of the product is made by the delivery to the customer of a charging code or activation key to the content of the digital product, sent according to one or more of the following modes:

- Instant display on the order confirmation page after payment,

-Send by e-mail to the email address provided by the customer,

- Automatic display on customer orders history on their personal BirdPass account.

The seller makes the delivery of the product to the customer within a reasonable time after the usage checks have been carried out. This period depends on the validation and verification of the payment and account of the Customer, as well as the availability of the ordered product. Some verification operations depend on third parties. The seller cannot be held responsible for a possible delay in delivery due to payment checks. In any event, Birdpass will make every effort to make delivery as quickly as possible.

When the Customer orders several digital products at the same time and if this is necessary for reasons of temporary unavailability of a product, the seller can make the delivery of the products of the same order in several times.

In the event of total unavailability of a product after placing an order, the Customer would be informed and it would be offered to recredit the balance (€ or credits) of his BirdPass account of the amount of the unavailable product.

The charging code or activation key represents a numerical value to be used immediately and which is not protected. The seller recalls that when the customer takes possession of the charging code or activation key of the digital product purchased, the risks of loss, theft or damage to the product are transferred to him. The customer is therefore required to take the necessary measures to store, in a confidential manner, and not to share with other people, the charging code delivered to him by e-mail and on his BirdPass account. The customer can use the charging code immediately after reception, but another person who would steal it or have read it could also use it.

The customer is also responsible for using the charging code according to the manufacturer or brand instructions. BirdPass declines any responsibility if the charging code has been communicated to a third party by the customer.

The Customer assumes the responsibility of the data entered when ordering, in particular his e-mail address which is used for delivery. In the event of an error in entering the email address by the customer, BIRDPASS will not be able to make a new delivery or the refund of the charging code.

From his BirdPass account, the Customer can access the invoice of his order, as well as the follow -up of his order which specifies the current State.

In the event of a technical defeat of the BirdPass site, the seller may decide to temporarily suspend the delivery of digital products in progress until the technical problems have been resolved. If not following technical disfunctions, the quantity of products delivered to the customer was wrong, the customer must warn the seller and return unused products. If the customer failed to return the extra products, they would then be deemed to have been accepted by the customer and would be billed to him.

Article 11. Guarantee

In accordance with legal provisions, the products delivered by the seller benefit:

- the legal guarantee of conformity, for apparently defective, damaged or damaged products or not corresponding to the order,

- the legal warranty against hidden defects from a lack of material, design or manufacturing affecting the products delivered and making them unfit for use.

Any guarantee is excluded in the event of improper use or negligence on the part of the customer, in particular in the event of theft, hazardous security or transmission of the charging code to an unauthorized person.

The photographs and illustrations accompanying the products have no contractual value and cannot hire the seller.

Article 12. Responsibility

The BirdPass site is only held by an obligation of means and the seller's responsibility is limited to an amount equal to the amount of the customer's order.

The seller's responsibility cannot be engaged for the disadvantages and damage resulting from the occurrence of a fortuitous or force majeure case, unforeseen and independent of its will, such as: blocking of telecommunications or computer networks, breakdown of service, loss of data, computer virus, material failure, blocking of transport, total or partial strike, electrical failure, natural, any other involuntary problem.

The seller cannot be held responsible for damage resulting from the failure of a third party.

The seller cannot be responsible for damage resulting from improper use of the purchased product or negligence on the part of the customer.

The products offered by the seller comply with the French legislation in force. The seller's responsibility cannot be engaged in the event of non-compliance with the legislation of the country where the product is delivered. Indeed, it is up to the customer to check with local authorities the possibilities of importing or using the products or services that he commands on the BirdPass site.

Article 13. Intellectual property rights

All the elements accessible on the BirdPass site, in particular the texts, images, graphics, logo, icons, sounds, drawings, know-how and software, are and remain the intellectual and exclusive property of the company Netpartage SAS. They are protected by French and international laws relating to intellectual property.

The logos, visuals and brands present on the BirdPass site are the property of their respective holders.

Any total or partial reproduction, exploitation, modification or use of the elements of the BirdPass site, whether in the form of a photo, logo, visual or text, in any capacity whatsoever, are strictly prohibited and are likely to constitute an offense of counterfeiting, within the meaning of articles L 335-2 and following of the Intellectual Property Code.

Article 14. Personal data

The customer is invited to consult the data confidentiality . For any questions or exercise of one of his rights, the Customer can consult the Questions Fair , go to his account or write to the Seller on the Contact .

Article 15. Applicable law

These general conditions of sale (GTC) are governed and subject to French law. They are written in French. In the event that they are translated into one or more foreign languages, only the French text is faith in the event of a dispute.

Article 16. Contes settlement

For any complaint, please contact the BirdPass customer service at the postal address or e-mail of the site indicated on the contact .

The Customer is informed that he can in any event use conventional mediation, with known sectoral mediation bodies or to any alternative mode of dispute settlement (conciliation, for example) in the event of protest.

All the disputes concerned by the purchase and sale operations concluded in application of these general conditions of sale (CGV) and which would not have been the subject of an amicable settlement or mediation between the seller and the customer will be subject to the competent court under the conditions of common law. For any disputes or litigation, the competent court will be that of Le Havre.

If a judge were to cancel or declare zero one or more of the provisions present under these general conditions of sale (CGV) , this would not imply the other provisions which would remain fully in force as if the clause (s) canceled or declared zero had never existed. If necessary, the seller and the customer would agree on new provisions to replace the cancelled or declared provisions.