Terms and Conditions of Service h2>
These Terms and Conditions of Service are current as of December 6th, 2017.
1.1 The present Terms and Conditions of Services (hereinafter "TCS") are proposed by the company YOORshop SAS (hereinafter the "Company"), simplified joint-stock company with an authorized capital of 250,000 euros, registered in the Lyon Trade and Companies Register under number 817 466 147, headquartered at 52, route du Clos 69700 Montagny, France. Its individual VAT identification number is FR27817466147, and its DUNS is 267747610
The Company can be contacted by phone : 0033 977 550 044 (not surcharged), or by contact form
1.2. The company is the owner and publisher of the https://www.yoorshop.fr website (hereinafter the "Site"). The Site is hosted on the Company's servers.
1.3. The director of the publication is Mr. Johann CARNEVALI.
1.4. The Website offers the Customer (hereinafter the "Customer") the opportunity to purchase web hosting services and other related services (the "Services").
1.5. Before using the Site, the Customer must ensure that he has the technical and computer resources to use the Site and order the Services on the Site, and that his browser allows secure access to the Site. The Client must also ensure that the computer configuration of his equipment is in good condition and does not contain any viruses.
2. APPLICATION AND OPPOSABILITY OF TERMS
2.1. The purpose of these T & Cs is to define all the conditions under which the Company markets the Services as offered for sale on the Website to Customers. They therefore apply to any Order (hereinafter "Order") of Services passed on the Site by the Customer.
2.2. The Customer declares to have read and accepted these Terms and Conditions before placing his Order.
2.3. Validation of the Order is therefore acceptance of these Terms. These are regularly updated, the applicable TCS are those in force on the Site at the date of placing the Order.
2.4. Any contrary condition posed by the Customer would be, in the absence of express acceptance, unenforceable to the Company regardless of when it may have been brought to its attention.
2.5. The fact that the Company does not avail itself at a given moment of any provision of these Terms and Conditions, can not be interpreted as waiving the right to invoke any provision of the said GTS at a later date.
3. ORDERING SERVICES ON THE SITE
3.1. The Company reserves the right to correct the content of the Site at any time.
3.2. The Customer selects the Services he wishes to buy, and can access at any time the summary of his Order.
3.3. The summary of the Order lists the Service (s) that the Customer has selected, and includes any additional costs such as the delivery price in addition to the price of the Order Services. The Customer may modify his Order and correct any errors before accepting the Order.
3.4. After having access to the summary of his Order, the Customer confirms the acceptance of his Order by checking the validation box of the Terms and Conditions, then clicking on the validation icon of the Order. The "Order with payment obligation" or similar unambiguous wording appears next to the order validation icon to ensure that the Customer explicitly acknowledges its obligation to pay for the Order. P >
3.5. After acceptance of the T & C and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
3.6. After the validation of his Order and in order to proceed to the payment, the Customer enters the details to which he wishes to receive the service (s), if any, and billing if they are different. The process of receiving the Service (s) is described in ARTICLE 5 of these T & Cs.
3.7. The Company then sends a confirmation of Order by email, including the elements of the summary of the Order and the delivery addresses and if applicable billing information.
3.8. After having validated his delivery details and, where applicable, invoicing, the Customer proceeds to the payment of his Order according to the terms specified below.
4. PRICE AND TERMS OF PAYMENT OF THE ORDER
4.1. The prices are mentioned on the Site in the descriptions of the Services, in euros and before tax and all taxes included.
4.2. The total amount is indicated in the summary of the Order, before the Customer accepts these Terms and Conditions, validates the Order, informs and confirms the delivery details and if applicable billing and proceeds to payment. This total amount is indicated in all taxes.
4.3. The Order of Services on the Site is payable in euros. The full payment must be made on the day of the Order by the Customer, by credit card via Stripe, or by PayPal, or by bank transfer, except specific conditions of sale expressly accepted by the Customer and the Company.
4.4. In case of payment by credit card, the Site uses the respective security system of "Stripe" or "PayPal", providers specializing in online payment security. These systems guarantee the Customer the total confidentiality of his banking information. The bank card transaction between the Customer and the secure system is fully encrypted and protected. The Customer's bank details are not stored electronically by the Company.
4.5. The Customer guarantees to the Company that he has the necessary authorizations to use the method of payment, when placing the Order.
4.6. The Company reserves the right to suspend or cancel any execution and / or delivery of an Order, regardless of its nature and level of performance, in case of non-payment or partial payment of any sum that would be due by the Customer to the Company, in the event of a payment incident, or in case of fraud or attempted fraud relating to the use of the site and the payment of an Order.
5. UTILIZATION OF SERVICES
5.1. The Service (s) is (are) automatically delivered to the Customer as of the validation of his Order.
5.2. The Customer must ensure that the information provided when placing his Order is correct.
6. CUSTOMER SERVICE
6.1. For any request for information, clarification or for any claim, the Customer must contact, in priority, the Customer Service of the Company, to enable the latter to try to find a solution to the problem.
6.2. The Company's Customer Service is available from Monday to Friday from 7:30 am to 6:30 pm using the following coordinates:
Phone : 0033 977 550 044 (not surcharged), or by contact form
For Clients, inquiries must be done strictly by support tickets, be precise and full of needed informations to understand and reproduce the issue. Client must also do the effort to check our knowledge base as a first step in case solution would be described in one of our articles..
7. GUARANTEES AND RESPONSIBILITY
7.1. Each of the Parties guarantees to carry out its activities in accordance with the regulations in force. In particular, the Customer guarantees the Company against all consequences resulting from:
- the use or exploitation of illegal content in connection with the use and operation of the Services sold by the Company
- fraudulent use of Services
- the use of the Services in violation of the rights of third parties including intellectual property rights
- the inadequacy of the Services selected for its needs or the needs of third parties
The Customer undertakes to intervene in the context of all requests, claims and / or actions of third parties involving the Services and to indemnify the Company for all damages resulting therefrom.
7.2. In addition, the Company can not be held responsible:
- direct and indirect damage to the Customer's hardware, when accessing the Site and its services, resulting from either the use of hardware that does not meet the specifications listed here or the appearance a bug or incompatibility
- consequences of the use of the Services for purposes contrary to the laws in force in France or elsewhere in the world
- direct or indirect damages (such as a loss of market or loss of opportunity) resulting from the use or unavailability of the Services offered on the Customer's Website
- the non-routing of your emails or the spamming of your emails on external servers as the Company does not have control over these installations. The Company maintains a daily reputation for the maximum IP of its mail servers, and ensures optimal configuration of SPF / DKIM, this to have the optimal conditions to send emails in a consistent manner in the network. Some private servers may block with or without valid reason the IP of the email server used, we will change it on your behalf to try to solve the problem.
- the damage of the customer's data via the web space provided (hacking, server hard drive failure, etc ...), despite all the measures taken by the Company.
- the partial or total loss of data on the Company's servers.
- damage to the customer's web space or the impossibility of using the Services due to misunderstanding of the instructions for use, lack of knowledge of website programming techniques.
- the client's lack of training in understanding the computer world and programming techniques, and its consequences.
- the non-resolution of problems diagnosed as external or resulting from the non-recommended use of our services.
8. COMMERCIAL WARRANTY
The Company offers the Customer a refund of the price of the Services paid up to 30 days after the payment in case of dissatisfaction and this in the context of a first order only.
This offer is applicable to all the Services of the Company except : domain names, VPS, dedicated servers.
9. CUSTOMER OBLIGATIONS AND RESPONSIBILITY
9.1. The Customer agrees to comply with the terms of these Terms.
9.2. The Customer agrees to use the Site and the Services in accordance with the instructions of the Company.
9.3. The Customer agrees that he uses the Site and / or the Services only for his personal or professional use, in accordance with these GCS. In this respect, the Customer agrees to abstain:
Use the Site or the Services in any way that is unlawful, for any unlawful purpose or in any way inconsistent with these Terms and Conditions
To sell, copy, reproduce, rent, loan, distribute, transfer or sub-license all or part of the content contained on the Site or decompile, reverse engineer, disassemble, modify, display in readable form by the Customer, attempt to discover any source code or use any software that activates or includes all or part of the Site
To attempt to gain unauthorized access to the Site's computer system or to engage in any disruptive activity, decreasing the quality or interfering with performance or deteriorating the functionality of the Site
Use the Site for abusive purposes by intentionally introducing viruses or other malicious programs and attempting to gain unauthorized access to the Site
To infringe the intellectual property rights of the Company
To denigrate the Site.
In particular, the Customer warrants that the Services will not be used in a way that allows the infringement of any intellectual property right or any other right or legislation, the dissemination of content that the Company deems obscene or contrary good morals.
In addition, use of the Services in connection with sites selling or promoting spam email services or illegal services in France is prohibited.
For example, the following sites can not be hosted through the Services:
- Pornographic site does not respect the laws in force
- Online gambling (electronic casinos, betting, etc.)
- Pirated Software - Hack Programs or Archives
- Sites distributing all types of free / paid codes of an illegal nature
- Warez Sites - Irc Bots
- Racist sites
- Sites with extremely violent content without respect for human and animal conditions.
- Using automatic processes that cause abnormal use of your account
- On VPS: use of the maximum bandwidth permanently (/ ex: commercial VPN services)
9.4. The Customer assumes all risks and perils related to its activities and is in particular solely responsible for the use of the Services made available to it by the Company and the respect of the GCS, including when the Services made available to it are used by or on behalf of third parties.
9.5. If, for any reason, the Company considers that the Customer does not comply with these Terms, the Company may at any time, and in its sole discretion, remove its access to the Site and take any measures including any civil and criminal proceedings to against him.
9.6. The Client understands and assumes that during the migration of one or more websites, done by himself or the Company, based on the dedicated documentation provided in the knowledge base, a higher or lower disruption may occur depending on the method used.
10. RIGHT OF WITHDRAWAL
This right of withdrawal applies only to the Customer having the quality of consumer within the meaning of the Code of the consummation, namely any natural person who acts for purposes which do not come within the framework of his commercial activity, industrial , artisanal, liberal or agricultural and who has not indicated its intention to use the Services before the end of the withdrawal period.
10.1. In accordance with Articles L.221-18 et seq. Of the Consumer Code, the Customer has a period of 14 days from the validation of his Order on the Site to exercise his right of withdrawal from the Company, without having to justify reasons or to pay a penalty.
10.2. To exercise the right of withdrawal of the Order, the Customer must notify its decision of withdrawal by means of an unambiguous declaration, without justifying reasons. The Customer may communicate its decision of retraction to the Company by any means, in particular by sending it by mail to the Company at the following address: 52, route du Clos, 69700 Montagny, France or by contact form .
10.3. The Customer can exercise his right of withdrawal by contacting us through the site with the request template below:
I / we (*) notify you / notify (*) hereby my / our (*) withdrawal from the contract for the sale of the goods (*) below:
Ordered on (*) / received on (*):
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only in case of notification of this form on paper):
(*) Disregard the useless mention.
10.4. In case of notification to the Company by the Customer of his decision to withdraw, regardless of the means used, the Company will send him without delay an acknowledgment of receipt of the retraction on a durable medium (including by email).
10.5. The Customer is invited to indicate the reason for return / withdrawal, in order to help the Company improve its Service (s).
In the event of withdrawal by the Customer, reimbursement of the Service (s) which has or has been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees a different way. In any case, this refund will not incur any costs for the Customer. The reimbursement is made as soon as possible, and no later than 14 days from the date on which the Company is informed of the Customer's decision to cancel the Order. In case of use of the Services within the withdrawal period, the Customer is considered to have expressly waived his right of withdrawal.
11.1. The Company implements all the measures necessary to ensure to the Customer the provision, under optimal conditions, of a Quality Service (s). However, it can not under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Customer or to the unpredictable and insurmountable event of a third party who is not a party to the contract, or a case of force majeure. More generally, if the liability of the Company were engaged, it could in no way agree to compensate the Customer for indirect damages or whose existence and / or quantum would not be established by evidence. P >
11.2. The Site may contain links to other sites not edited or controlled by the Company, which can not be held responsible for the operation, content or any element present or obtained through these sites.
11.3. The setting up of such links or the reference to any information, articles or services provided by a third party, can not and should not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements. of their contents.
11.4. The Company is not responsible for the availability of these sites and can not control the content or validate advertising, service (s) and other information on these websites.
11.5. It is expressly stipulated that the Company shall in no way be held liable, in any way whatsoever, for the case where the computer hardware or the electronic mail of the Customers rejects, for example because of an anti-spam, the e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment voucher, the summary statement of the Order or the tracking e-mail.
11.6. The Customer is fully aware of the provisions of this article and in particular the above-mentioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
12. AVAILABILITY OF SERVICES
12.1. The Company strives to maintain maximum uptime at 99.95%, and does not include scheduled night maintenance and external network issues. The client can check the status of the servers once connected to his client area.
In case of persistent unavailability during business hours (UTC +1 from 8AM to 1AM) more than 60 minutes, the Company will activate the emergency plan for the restoration of services in this order of priority : Priority 1 : plans greater than € 39.95, Priority 2 : plans greater than € 19.95, Priority 3 : plans greater than € 6.95.
In order to demonstrate its commitment to maximize the availability of services, the Company may compensate users as follows upon request:
- Priority 1: Plans greater than € 39.95, if the observed downtime is more than 3 hours, beginning from hour 4 : 5% per hour of delay of the monthly invoice amount upto maximum amount corresponding to 1 monthly invoice.
- Priority 2: Plans greater than € 19.95, if observed downtime at one time is more than 7 hours, beginning from hour 8 : 5% per hour of delay of the monthly invoice amount upto maximum amount corresponding to 1 monthly invoice.
- Priority 2: Plans greater than € 6.95, if observed downtime at one time is more than 12 hours, beginning from hour 13 : 5% per hour of delay of the monthly invoice amount upto maximum amount corresponding to 1 monthly invoice.
Old offers :
- Priority 1: Plans greater than € 24.95, if the observed downtime is more than 3 hours, beginning from hour 4 : 5% per hour of delay of the monthly invoice amount upto maximum amount corresponding to 1 monthly invoice.
- Priority 2: Plans from € 9.95 to € 15.95, if observed downtime at one time is more than 7 hours, beginning from hour 8 : 5% per hour of delay of the monthly invoice amount upto maximum amount corresponding to 1 monthly invoice.
- Priority 3: Plans from € 3.95 to € 6.95, if observed downtime is more than 12 hours, beginning from hour 13 : 5% per hour of delay of the monthly invoice amount upto maximum amount corresponding to 1 monthly invoice.
12.2. In the case of high availability offers, the client acknowledges having been informed that the cPanel and FTP services can not function if the master server is offline. In particular, the email services will not work if the master server is offline in the case of the use of our DNS with a non-personalized email configuration, but that this can be solved if the adapted configuration was set up during the purchase of the service as indicated in the access email to your service.
Note: Network problems outside the perimeter of the server are commonplace, and can make your site inaccessible from certain points of the globe in a short period of time. This kind of problems is uncontrollable regardless of the host since it is out of our scope/responsibility. This does not last long because all the network administrators of the world are automatically alerted in real time and usually intervene very quickly. A network downtime in our area of responsibility: the Company and its supplier at the datacentre, is characterized by the unanimous confirmation of our multi-point monitoring system on the globe. So beware of your monitoring systems that are: not multi-point and / or far away, this can give false signals/availability calculations.
13. PERSONAL DATA - COOKIES - SECURITY
13.1. The Company attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of the personal data of Customers.
13.2. As part of the provision of the service or services, the Company collects personal data of the Clients and in particular the following data:
- Email address
- First name
- Mailing Address
- Bank details
13.3. For this purpose, the processing of Customer data is declared to the CNIL under number 1758818v0.
13.4. The Company collects and processes the personal data of Customers for the following purposes:
Providing the service (s) on the Site
Exercise of the right of withdrawal, payment, invoicing ...
Information on the Company, the services, and the activities of the Company
Response to any questions / complaints from Customers
Management of requests for rights of access, rectification and opposition
Management of unpaid bills and litigation.
13.5. The data relating to the management of the personal data of the Customers are kept for the strictly necessary period as defined by the Data Protection Act as modified, ie three years after the collection or the last contact with the Customer.
13.6. The personal data of the Clients are processed by the Company's sales department as well as by the Company's partner and subcontractor companies.
13.7. The Company may also disclose personal data in order to cooperate with the administrative and judicial authorities.
13.8. The Company strives to secure the personal data of Customers appropriately and appropriately and has taken the necessary precautions to preserve the security and confidentiality of the data and in particular to prevent them from being distorted, damaged or communicated to unauthorized persons.
13.9. Obligations of the Clients
Customers acknowledge that the personal data disclosed by them is valid, up-to-date and adequate
Customers undertake not to infringe the privacy, image and protection of the personal data of any third party and thus not to communicate to the Company the data of third persons without their consent .
13.10. Under the Decree n ° 2011-219 of February 25, 2011 relating to the conservation and the communication of the data making it possible to identify any person having contributed to the creation of contents put on line, the Customer is informed that the host of the Site has the obligation to keep for a period of one year from the day of the creation of the contents, for each operation contributing to the creation of a content:
The identifier of the connection at the origin of the communication
The identifier assigned by the information system to the content, object of the operation
The types of protocols used to connect to the service and to transfer content
The nature of the operation
The date and time of the operation
The identifier used by the author of the transaction when he provided it.
13.11. In case of termination of the contract or closure of the account, the host must also keep for one year from the date of termination of the contract or closure of the account the information provided when subscribing a contract (Order ) by the Customer or when creating an account, namely:
At the time of account creation: the identifier of this connection
Name and surname or company name
Associated mailing addresses
The pseudonyms used
The associated email or account addresses
The password and the data to verify or modify it in their latest updated version.
13.13. Each computer connected to the Internet has an IP address. Once a Customer browses the Site, the Company collects the Customer's IP address in order to analyze the traffic on the Site and to check the Customer's activity on the Site to ensure that it does not does not engage in acts that may affect the General Terms and Conditions of Sale on the Site.
13.13. Finally, in accordance with the Data Protection Act of 6 January 1978, the Clients have a right of access, rectification, deletion as well as a right of objection for legitimate reasons to the processing of their collected data and processed by the Company, by contacting the Company directly by contact form .
13.14. Pursuant to Article 40-1 of the Data Protection Act as amended, the Company will respect the instructions given by any Customer relating to the storage, erasure and communication of his personal data after his death. In the absence of such instructions, the Company will grant the claims of the heirs as limited in Article 40-1, III of the Data Protection Act.
13.15. COOKIES AND STATISTICAL TOOLS
13.15.2. In accordance with the CNIL's deliberation 2013-378 of December 5, 2013, the Company also informs Customers that cookies record certain information that is stored in the memory of their hardware / IT equipment. This information is used to improve the use and operation of the Site. An alert message asks each person visiting the Site, beforehand, if they wish to accept cookies. These cookies do not contain any confidential information about the Clients.
13.15.3. Customer going to the homepage of the Site will be informed:
precise purposes of the cookies used
the ability to oppose these cookies and change the settings by clicking on a link in the banner
and the fact that the continuation of its navigation is in agreement with the deposit of cookies on its terminal.
13.15.4. To guarantee the free, informed and unambiguous consent of the Customer, the banner will not disappear until it has continued to navigate.
13.15.5. Without prior consent of the Customer, the deposit and reading of cookies will not be done:
if the Customer visits the Website (home page or directly on another page of the Site) and does not continue browsing: a mere lack of action can not be equated with a manifestation of will
or click on the link present in the banner allowing him to set cookies and, if necessary, refuse the deposit of cookies.
13.16.1. The Customer undertakes not to undermine the security of the Site. To this end, it undertakes not to proceed to any fraudulent access and / or maintenance in the information system of the Company. Neither can the Customer impair or interfere with the Company's information system. Failing this, the Company may take any measure against it and in particular incur criminal liability under Articles 323-1 et seq. Of the Penal Code.
14. DURATION OF SERVICES
14.1. The Terms and Conditions are valid for an indefinite period and remain in effect as long as the Customer uses the Services. The duration during which the Customer agrees to use the Services ordered is that applicable to the tariff option selected by the Customer at the time of the Order. In the event of a fixed or subscription payment (monthly, annual or other), the Customer agrees to use the Services for the entire corresponding period. Failing this, and in particular in case of suspension or early termination of the use of the Services, the Customer remains bound to pay the package in full and can not claim any refund in this respect. In case of payment in use, the Services are made available for an indefinite period, the Customer being able to put an end to it at any time according to the modalities in force.
Without prejudice to the other cases of termination provided for in the TCS, in the event of a breach by one of the Parties of all or part of the obligations incumbent upon it, the Services may be terminated by registered mail with acknowledgment of receipt after a notice of the breaches in question was sent by registered mail with acknowledgment of receipt to the defaulting party and remained ineffective for more than seven (7) calendar days. Notwithstanding the foregoing, in case of malicious, illicit or fraudulent use of the Services, or of use made in violation of the rights of a third party, the Company may, as of right, terminate the Services concerned or the Agreement in its entirety. , by email and without prior notice.
This paragraph does not affect the Company's right to suspend or discontinue the Services, particularly in the event of non-compliance with the current TCSS.
Terminations for default are without prejudice to any damages that may be claimed.
15. INTELLECTUAL PROPERTY
15.1. All elements of this Site and the Site itself, are protected by copyright, the right of trademarks, designs and / or any other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the whole world.
15.2. The YOORSHOP name and trademark, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.
15.3. No title or right to any element or software will be obtained by downloading or copying elements of this Site. It is expressly forbidden for the Customer to reproduce (except for personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software contained therein, no more that modify or perform any work by taking them as a basis, nor sell or participate in any sale in connection with this Site, the elements of this Site or any related software.
15.4. The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and can not be assigned or transferred to any third party. The license is granted for the duration of use of the Site.
15.5. Any use by the Customer of corporate names, trademarks and separate signs belonging to the Company is strictly prohibited except in the case of express and prior agreement of the Company.
16.1. By ticking the box provided for this purpose or expressly agreeing to this end, the Customer agrees that the Company may send him, at a frequency and in a form determined by the Client, a newsletter which may contain information about his activity.
16.2. When the Client checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for services similar to those ordered.
16.3. Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
17. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
17.1. These Terms are governed by and construed in accordance with French law, without regard to conflict of laws principles.
17.2. In the event of a dispute that may arise during the interpretation and/or execution of these Terms and Conditions or in relation to these Terms and Conditions, the Client may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative method of dispute resolution.
17.3. The Client can visit the European platform for consumer dispute resolution set up by the European Commission at the following address and listing all the dispute resolution bodies approved in France : https://webgate.ec.europa.eu/odr/
17.4. In case of failure of this mediation procedure or if the Client wishes to seize a jurisdiction, the rules of the Code of Civil Procedure will apply.