General Terms and Conditions of Sale

General Terms and Conditions of Sale

Digital Products

Every User and every Client of the website BirdPass is invited to read the present General Terms and Conditions of Sale (GTC), as well as the General Terms of Use (GTU) and the Privacy Policy. The unconditional acceptance of the GTU and the GTC by the Client is mandatory before being able to create an account on the website BirdPass and to make purchases of digital products and services.

The present General Terms and Conditions of Sale (GTC) are concluded between:

On the one hand, the company Netpartage, managing the website BirdPass https://www.birdpass.fr and a simplified joint-stock company with a share capital of 55 175 euros, whose registered office is located at 7 rue Blacher - 14700 Falaise in France - Phone: (+33) 02 31 40 74 39 - E-mail: contact@birdpass.fr, registered in the Trade and Companies Register of Le Havre under the number 431 642 651, with a VAT number FR-81 431 642 651 and hereinafter referred to as "BirdPass" or the "Seller".

And, on the other hand, any natural or legal person eligible to make a purchase on the website BirdPass https://www.birdpass.fr hereinafter referred to as the "Client".

Preamble

BirdPass sells online digital products and services, also called dematerialized or digital products and services, for consumers, through its website https://www.birdpass.fr: these are multimedia codes usable on digital content platforms, prepaid mobile phone recharges, recharge codes for game platforms, subscriptions to video or music on-demand services. Once the order has been validated, the Client directly receives a digital code corresponding to the product or service. This code can then be entered by the Client on the store of the brand or service concerned.

Article 1. Purpose and Scope

These General Terms and Conditions of Sale (GTC) determine the rights and obligations of the parties for all online sales concluded between the Client and the Seller. They constitute the sales contract between the Client and the Seller. In case of ambiguity and if a situation is not provided for in these GTC, this situation would be resolved by respecting the spirit and content of these GTC.

The GTC are available at all times on the BirdPass website and prevail over any other document. The Seller reserves the right to modify or evolve the terms of these GTC at any time, in order to comply with any new regulations or with the aim of improving the use of its website. Consequently, the applicable GTC will be those in force at the date of payment of the order by the Client. At any time, the Client may, if requested, receive the GTC on paper support.

The Client declares that he has the required capacity to create an account and purchase digital products on the BirdPass website. In this respect, the Client acknowledges that the purchase of digital products on the BirdPass website is unrelated to his professional activity and is limited to strictly personal use. The Client also acknowledges having the full legal capacity to commit to these GTC.

The Client declares that he has read the present General Terms and Conditions of Sale (GTC). The Client declares that he has accepted these GTC without restriction or reservation, by checking the box provided for this purpose, prior to any product purchase on the BirdPass website or any addition of credits to his BirdPass account balance. Otherwise, the Client must immediately cease using the services of BirdPass.

The choice and purchase of a digital product constitute the Client's decision. In this respect, the Client acknowledges that he has benefited from the necessary advice and information to choose the digital product corresponding to his needs. If he did not find the necessary information on the website, the Client has the possibility to contact the customer service of the BirdPass website by phone or through the contact form, in order to ask his questions prior to his registration or any purchase on the website.

The information, files and other elements recorded and stored by BirdPass constitute the proof of the relationships and transactions carried out by the Client.

Article 2. Digital Products

The digital products offered for sale are those that appear on the BirdPass website and are understood within the limit of available stocks only. The Seller reserves the right to modify the product range at any time.

The descriptions and illustrations of the digital products allow the Client to become aware of the products before placing any order. They are presented in French. The product descriptions are provided for informational purposes and in their current state according to the knowledge of BirdPass. For more detailed information, the Client has the possibility to check the characteristics of a particular product by visiting the corresponding manufacturer's website. The illustrations of the products offered for sale have no contractual value.

The products presented on the BirdPass website are usable and valid in metropolitan France, sometimes they can also be valid for the French overseas departments and territories or for certain countries of the European Union.

If the digital products purchased are intended to be used outside metropolitan France, then it is the Client's responsibility to check on the product page whether these products are usable in other regions or countries. It is also his responsibility to verify that the products comply with the technical requirements and standards set by the laws of the country where they are to be used.

Article 3. Prices

The digital products are sold at the prices in effect on the website at the time the order is recorded by the Seller. These prices are expressed either in Euros (€) including all taxes (VAT), taking into account the applicable VAT on the day of the order, or in credits.

The prices take into account any discounts. They are firm and non-revisable. The Seller reserves the right to modify its prices at any time for the future, but undertakes to apply the prices in effect that will have been indicated to you on the date of your order.

The prices do not include service fees and transaction fees that may be charged in addition and which are indicated on the order summary before placing the order and making the payment. The payment requested from the Client therefore corresponds to the total amount of the purchase, including any service fees and transaction fees, which the Client accepts upon payment. However, the Client remains free not to proceed with the order if these fees do not suit him.

The telecommunications costs necessary to access the BirdPass website are at the Client's expense.

Article 4. Order

The Seller offers the Client the possibility to order and pay for their digital products by following several steps.

Before any order, the Client must create an account on the BirdPass website. To do this, the Client first becomes familiar with the General Terms of Use (GTU) and the Privacy Policy of the website. Then, during the creation of his account, the Client declares to accept the GTU, without restriction or reservation, and then fills out the registration form. The Client must provide accurate information about himself, such as: his first and last name, his email, his postal address, his phone number, as well as his date of birth. This information will allow the Seller to process and deliver his future orders.

Once the account is created and on each visit, the Client, if he wishes to order or check his account, must identify himself using his email and password.

The choice of a product to order is made by browsing the BirdPass store with or without an electronic shopping cart. During this browsing, the Client consults the different product sheets with the useful specifications to verify that the chosen product corresponds to him (technical characteristics, brand, platform, language, possible uses, valid region or country, limitations, currency, etc.).

The Client then selects the product(s) to order. The choice of a product is the sole responsibility of the Client. The Client can modify the quantity and the list of products in his cart that he wishes to order.

When the cart is validated, an order summary page appears indicating the delivery email, the ordered products and their prices, as well as the fees applied and the different payment methods offered. It is the Client's responsibility to verify the accuracy of the details of his order and his information so that there are no errors. On this summary page, the Client can modify his order if he wishes, modify his delivery email, cancel the order or validate it by accepting the present General Terms and Conditions of Sale (GTC) of which he has taken note and checked the corresponding box. In case of validation of the order by the Client, the payment procedure is then initiated.

Placing an order entails acceptance of these GTC, acknowledgment of having perfect knowledge of them, and waiver of relying on one's own purchase conditions. This constitutes a sales contract between the Client and BirdPass. All the data provided and the recorded confirmation constitute proof of the transaction. The order is considered final and accepted by BirdPass only when the payment has been fully honored and validated. The order is then confirmed. The Seller reserves the right to cancel or refuse any new order from a Client with whom there would be a dispute related to the payment of a previous order, until this dispute has been resolved.

Once the necessary security checks have been carried out, the order is processed and sent to the Client by email to the email address provided during the order.

The information concerning the order is available to the Client on his BirdPass account in the Order History section.

In order to ensure the security of payment transactions, the Seller applies procedures to verify Client accounts and/or the legitimacy of transactions that may appear abnormal. In this context, before or after a purchase, one or more supporting documents may be requested from the Client by email or on the website, such as an identity document, proof of address, possession of the means of payment, proof of payment, bank account statement, sworn statement, photograph of the Client or any other document intended to verify the identity of the Client or a payment transaction and necessary in application of the regulations in force. The supporting documents provided by the Client must be valid and clear enough to confirm the Client's identity, address or transaction. In the event of non-provision 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 Client. In the event of an illegal or fraudulent transaction, the Client is informed that these supporting documents may be transmitted to the competent authorities.

If the Client wishes to contact BirdPass, he can do so either by mail to the following address: Netpartage SAS - Boutique BirdPass - 2 impasse Maurice Leblanc - 76930 Octeville-sur-Mer - France; or by email by connecting to the Contact page, or by phone at (+33) 02 31 40 74 39

Article 5. Payment Methods

The Client chooses the payment method of his choice from the solutions offered during his order. These solutions may be: credit card (Carte Bleue (CB), Visa, Mastercard), Paypal, exchangeable credit system or exchangeable € balance, any other third-party payment solution. The BirdPass website offers a wide choice of payment solutions in order to meet the varied requirements and habits of Clients.

The management of the payment methods present on the BirdPass website is entrusted to third-party operators, specialists in securing online payments. These service providers apply their own terms and conditions that the Client must accept, and they guarantee the confidentiality and security of the banking information transmitted through the encrypted mode (SSL, 3-D Secure protocols). For the use of their service, these third-party operators deduct fixed fees and variable fees on the amount of each transaction, which the Seller passes on to the Client in the form of transaction fees.

Once the Client has validated his order, the Client is redirected to the secure interface of the payment provider, in order to enter his payment information there in complete security. Payment must be made in full and before delivery of the order. Once the payment is initiated by the Client, the transaction is irrevocable and it is immediately debited after verification of the information. The payment made by the Client is considered final after validation of this payment and effective collection of the amounts due by the Seller. In case of failure of a payment procedure, the corresponding order is immediately canceled and the Seller will not proceed with the delivery of the ordered product. In case 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 Client.

Since the means of payment are managed by third-party operators, the Seller cannot be held responsible if the Client encounters a difficulty attributable to a means of payment. In case of payment problem, the Client will have to inform the customer service of the payment operator concerned and make his claims to him.

For security and regulatory reasons, transactions are limited and cannot exceed a certain maximum amount, which is specific to each means of payment during a period. If the Client can justify a sufficiently long and problem-free order and transaction history over several months, he may submit a request to the BirdPass customer service to request an increase in the authorized maximum amount. Depending on the Client's history data and the regulations, the Seller reserves the right to accept or refuse the request without having to justify his choice.

The Client is financially responsible for the payment when he uses a means of payment offered on the BirdPass website. He must make the payment in a strictly personal and legal manner, respecting the rules of the payment method used. In particular, the Client is prohibited from making payments using fraudulent methods. In this respect, the Client will be responsible for any unpaid amounts, penalties and damages that the Seller may suffer due to a payment by the Client that is disputed, considered fraudulent and canceled by a payment operator. In case of suspicion of fraudulent maneuver, the Seller reserves the right to put on hold, suspend or cancel the delivery of a product ordered by the Client, until the latter has provided proof concerning the legality of his payment.

Article 6. Credit system and € balance

The credit system and the € balance can be used and exchanged only on the BirdPass website to purchase digital products. They constitute rechargeable balances paid in advance, funded by the Client through various payment solutions offered: bank card (Carte Bleue (CB), Visa, Mastercard), Paypal, premium-rate phone calls delivering a code to be entered on the site or any other third-party payment solution.

Once funded, the credits or the € balance allow easy and quick purchases of digital products and services on the BirdPass website, without having to use another means of payment. They can be used on the BirdPass website 7 days a week and 24 hours a day, except during website maintenance operations.

In the event of funding the credit balance by premium-rate call, the Client must call a premium-rate telephone number called "Audiotel". The purchases of credits made on the BirdPass website and through the premium-rate micro-payment calls are subject to billing by the telephone operator used by the Client.

During the premium-rate telephone call, a code is delivered verbally. The credit requires entering the code on the BirdPass website. The Client is solely responsible for the use of 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 website in the field provided for this purpose and within a maximum validity period of 48 hours to be valid. After the 48-hour validity period from the date of its obtainment, the code expires if it has not been used. It cannot be exchanged or refunded.

As the micro-payments by premium-rate call are solutions managed by third-party operators, the Seller cannot be held responsible if the Client encounters a difficulty following an invalid code or a premium-rate call that does not deliver a code. In case of a problem, the Client should inform the customer service of the micro-payment concerned and file a complaint with them.

If the Client believes that a technical problem may have prevented the validation of codes that they consider valid, they can still report it to BirdPass via the contact form indicating: the number called, their calling number, the unvalidated code(s), the date of obtainment of the code(s). The Seller will then forward the Client's request to the micro-payment concerned to try to resolve the problem. In any case, the Seller informs the Client that they must enter the codes one by one and immediately stop using the micro-payment solution when they notice that a code is not validated.

For security reasons, to avoid any overconsumption and to prohibit any use that could be detrimental to third parties, or that would be contrary to good morals or public order, transactions by premium-rate calls are limited to a maximum monthly amount. They are not accessible using certain telephone operators that may present fraud risks. They may be restricted or suspended for certain Clients presenting risks, previous difficulties or following a notification from a telecommunications operator, a micro-payment or a government service. These limitations, whatever the reasons, do not entitle to any compensation for direct or indirect damage.

The Client is responsible for all operations recorded in the credit system and the € balance of their account. As such, the Client guarantees not to misuse the Seller's services for fraudulent or illegal purposes against the Seller or other third parties. The Client remains financially responsible for all operations carried out on their account. These operations must be carried out in a strictly personal manner, within a normal and legal framework. The Client is prohibited from using fraudulent methods to carry out the operations. In case of fraud or theft by the Client, a recovery procedure will be implemented and the Client will be responsible for reimbursing the prohibited transactions, unpaid amounts and any penalties from the operators, within 30 days after notification.

Within the legal framework of the fight against fraud and money laundering, BirdPass reserves the right to request from the Client one or more supporting documents at any time, in order to certify their identity and the origin of the premium-rate calls made. These documents may be: identity document, proof of residence, possession of the means of payment, telephone subscription invoice, proof of payment of telephone bills, bank account statement, sworn statement, photograph of the Client or any other supporting document deemed necessary. Pending receipt and analysis of these supporting documents, orders and account balances (credits or €) will be put on hold. If a verification fails or if the Client does not use the service within a legal, normal or regular framework while respecting the GTC and GCS, then the Seller may proceed to restrict, temporarily withhold a guarantee, temporarily or permanently block the Client's account.

Article 7. Restriction, suspension and termination of account

The Client's account may be restricted or suspended in the following cases:

• Refusal to provide the requested certification documents or any other information required by the applicable regulations,

• Providing false or inaccurate information,

• Violation and non-compliance with the General Terms and Conditions of Sale (GCS) or the General Terms of Use (GTU) of the website,

• Use of fraudulent methods on the payment methods offered,

• Abnormal use of the website,

• Any other action punished and prohibited by law.

If the Client wishes to terminate their account, they can go to their personal space and request the termination of their account.

Article 8. Transfer of ownership

BirdPass retains full and complete ownership of the digital products sold until the full and complete payment of the price, including principal, fees and taxes.

Article 9. Right of withdrawal

The Seller informs its Clients that due to the very nature of the digital products sold, the right of withdrawal is not offered. Indeed, these are digital recharge codes that are delivered quickly and cannot be returned.

Article L221-28 13° of the Consumer Code excludes the application of the legal right of withdrawal of fourteen days for contracts for the supply of digital content not delivered on a physical medium, the execution of which has begun after the express prior agreement of the consumer and the express waiver of their right of withdrawal.

Therefore, when the Client validates their order on BirdPass and accepts these GCS, the Client accepts to receive the ordered digital product by email before the fourteen-day period and expressly waives their right of withdrawal.

The Client assumes full responsibility for the choice of the appropriate product. Recharge codes purchased in error cannot be exchanged, as the seal is broken immediately after delivery.

Article 10. Delivery

The delivery of the product is carried out by providing the Client with a recharge code or activation key for the digital product content, sent in one or more of the following ways:

- instant display on the order confirmation page after payment,

- sent by email to the email address provided by the Client,

- automatic display on the Client's order history on their personal BirdPass account.

The Seller delivers the product to the Client within a reasonable time after the usual verifications have been carried out. This delay depends on the validation and verification of the payment and the Client's account, as well as the availability of the ordered product. Certain verification operations depend on third-party payment providers. The Seller cannot be held responsible for any delivery delay due to payment verifications. In any case, BirdPass will do its utmost to ensure that delivery takes place as soon as possible.

When the Client orders multiple digital products at the same time and if it proves necessary for reasons of temporary unavailability of a product, the Seller may deliver the products of the same order in several batches.

In the event of total unavailability of a product after placing an order, the Client would be informed and offered to re-credit the balance (€ or credits) of their BirdPASS account with the amount of the unavailable product.

The recharge code or activation key represents a digital value to be used immediately and is not protected. The Seller reminds that when the Client takes possession of the recharge code or activation key of the purchased digital product, the risks of loss, theft or damage of the product are transferred to them. The Client is therefore required to take the necessary measures to store the recharge code delivered by email and on their BirdPass account in a confidential manner and not share it with other people. The Client can use the recharge code immediately after receipt, but another person who would steal it or become aware of it could also use it.

The Client is also responsible for using the recharge code according to the manufacturer's or brand's instructions. BirdPass disclaims any responsibility if the recharge code has been communicated to a third party by the Client.

The Client assumes responsibility for the data entered during their order, particularly their email address which is used for delivery. In case of an error in entering the email address by the Client, BirdPass will not be able to proceed with a new delivery or refund the recharge code.

From their BirdPass account, the Client can access the invoice for their order, as well as the order tracking which specifies the current status.

In the event of a technical malfunction of the BirdPass website, the Seller may decide to temporarily suspend the delivery of digital products in progress until the technical problems have been resolved. If as a result of technical malfunctions, the quantity of products delivered to the Client proved to be erroneous, the Client must obligatorily inform the Seller and return the unused products delivered in excess. If the Client fails to return the excess products delivered, they will then be deemed to have been accepted by the Client and will be invoiced to them.

Article 11. Warranty

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

- the legal warranty of conformity, for apparently defective, damaged or deteriorated products or those that do not correspond to the order,

- the legal warranty against hidden defects arising from a defect in the material, design or manufacture of the delivered products and rendering them unfit for use.

Any warranty is excluded in the event of misuse or negligence on the part of the Client, in particular in the event of theft, reckless security or transmission of the recharge code to an unauthorized person.

The photographs and illustrations accompanying the products have no contractual value and cannot commit the Seller.

Article 12. Liability

The BirdPass website is only subject to an obligation of means and the liability of the Seller is limited to an amount equal to the amount of the Client's order.

The liability of the Seller cannot be engaged for the inconveniences and damages resulting from the occurrence of a fortuitous event or force majeure, unforeseen and independent of its will, such as: blocking of telecommunications or computer networks, service interruption, data loss, computer virus, hardware failure, transport blockage, total or partial strike, power failure, natural disaster, fire, external intrusion or any other involuntary problem.

The Seller cannot be held responsible for damages resulting from the failure of a third party.

The Seller cannot be responsible for damages resulting from misuse of the purchased product or negligence on the part of the Client.

The products offered by the Seller comply with the current French legislation. The liability of the Seller cannot be engaged in case of non-compliance with the legislation of the country where the product is delivered. Indeed, it is up to the Client to check with the local authorities the possibilities of importing or using the products or services they order on the BirdPass website.

Article 13. Intellectual property rights

All elements accessible on the BirdPass website, including texts, images, graphics, logos, icons, sounds, drawings, know-how and software, are and remain the exclusive intellectual property of the company Netpartage SAS. They are protected by French and international laws on intellectual property.

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

Any total or partial reproduction, exploitation, modification or use of the elements of the BirdPass website, whether in the form of a photo, logo, visual or text, for any purpose whatsoever, are strictly prohibited and may constitute an act of counterfeiting, within the meaning of Articles L 335-2 and following of the Intellectual Property Code.

The Client is invited to consult the Data Privacy page. For any question or exercise of one of their rights, the Client can consult the FAQ, go to their personal account or write to the Seller on the Contact page.

Article 15. Applicable law

These General Terms and Conditions of Sale (GCS) 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 shall prevail in the event of a dispute.

Article 16. Dispute Resolution

For any complaint, please contact the BirdPass customer service at the postal or email address of the site indicated on the Contact page.

The Client is informed that they can in any case resort to conventional mediation, with the known sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.

All disputes concerning the purchase and sale operations concluded under these General Terms and Conditions of Sale (GTC) and which have not been the subject of an amicable settlement or mediation between the Seller and the Client will be submitted to the competent court under common law conditions. For all disputes or litigation, the competent court will be that of Le Havre.

If a judge were to cancel or declare null and void one or more of the provisions present in these General Terms and Conditions of Sale (GTC), this would not imply the other provisions which would remain fully in force as if the cancelled or declared null and void clause(s) had never existed. If necessary, the Seller and the Client would agree on new provisions to replace the cancelled or declared null and void provisions.