Article 1: Scope of application
These General Conditions of Sale (so-called “Terms of sales”) apply, without restriction or reservation to any purchase of the following services:
- Distance selling of programming, development and coding services using WordPress technology
As proposed by the Service Provider to customers (“Customers or the Customer”) on the site www.wpteam.io.
The main characteristics of the Services are presented on the website www.wpteam.io.
The Customer is required to read it before any order is placed. The choice and purchase of a Service is the sole responsibility of the Customer.
These CGV are accessible at any time on the site www.wpteam.io and will prevail over any other document.
The Customer declares to have read these terms of sales and to have accepted them by checking the box provided for this purpose before implementing the online order procedure for the site www.wpteam.io.
Unless proven otherwise, the data recorded in the Service Provider’s computer system constitutes proof of all of the transactions concluded with the Customer.
The contact details of the Service Provider are as follows:
Share capital of 10,000 euros
Registered with the Le Havre RCS, under the number 822 585 659 00029
Abbaye du Valasse, route de l’Abbaye, 76210, Gruchet-le-Valasse
Phone: +33 (0)234387050
Customs duties or other local taxes or import duties or state taxes may be payable. They will be chargeable and are the sole responsibility of the Client.
ARTICLE 2: Price
The Services are provided at the current rates shown on the site www.wpteam.io, when the order is registered by the Service Provider.
The prices are expressed in Euros or Dollars, inclusive of tax.
The prices take into account any reductions which may be granted by the Service Provider on the site www.wpteam.io.
These prices are firm and not subject to revision during their validity period, but the Service Provider reserves the right, outside the validity period, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Service Provider and delivered to the Customer when the Services ordered are provided.
Some orders may be subject to a previously accepted quote. The quotes established by the Service Provider are valid for a period of 1 month after their establishment.
ARTICLE 3: Orders
It is up to the Customer to select on the www.wpteam.io site the Services he wishes to order, in the following ways:
The customer selects the type of service he wants from several choices. Once this step has been completed, the customer describes his request precisely in the field of the form provided for this purpose and sends his request. The www.wpteam.io teams after analyzing the request offer the client a quote with a price that the client can accept or refuse. Once the price accepted the customer will proceed to the online payment of the order to allow the start of the service.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and immediately report any errors.
Any order placed on the www.wpteam.io site constitutes the formation of a contract concluded at a distance between the Customer and the Service Provider.
The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer can follow the progress of his order on the site.
ARTICLE 4: Payment conditions
The price is paid by secure payment, in the following ways:
- Payment by bank card
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment provider involved in banking transactions carried out on the www.wpteam.io website.
The payments made by the Customer will not be considered final until after effective collection of the sums due, by the Service Provider.
The Service Provider will not be required to provide the Services ordered by the Customer if the Customer does not pay the full price under the conditions indicated above.
ARTICLE 5: Provision of services
The Services ordered by the Customer will be provided in the following manner:
Remote service performed once the quote has been validated and payment made by the client.
The said Services will be provided within a maximum of the applicable deadlines will be mentioned on a case-by-case basis depending on the project in the estimate validated by the customer as of the final validation of the Customer’s order, under the conditions provided for in these terms of sales at address indicated by the Customer when ordering on the site www.wpteam.io.
The Service Provider undertakes to make its best efforts to provide the services ordered by the Customer, within the framework of an obligation of means and within the times specified above.
If the services ordered have not been provided within the period mentioned in the estimate validated by the client, exceeding the deadline for providing the service will not result in cancellation or reimbursement of the service to the client after the indicative date of supply, for any reason other than force majeure or the fact of the Client, 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 L241-4 of the Code consumption. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
In the event of a specific request from the Customer concerning the conditions for the provision of the Services, duly accepted in writing by the Service Provider, the costs related thereto will be subject to specific additional invoicing at a later date.
In the absence of reservations or complaints expressly expressed by the Customer upon receipt of the Services, they will be deemed to comply with the order, in quantity and quality.
The Customer will have a period of 15 days from the provision of the Services to send complaints by email to the following address: firstname.lastname@example.org, with all supporting documents relating thereto, to the Service Provider.
No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.
The Service Provider will reimburse or rectify as soon as possible and at its expense the Services for which the lack of conformity has been duly proven by the Customer.
ARTICLE 6: Right of withdrawals
Given the nature of the Services provided, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore concluded definitively upon the placing of the order by the Customer according to the terms specified in these terms of sales.
ARTICLE 7: Provider’s liability – Guarantees
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer, against any lack of conformity or hidden defect, arising from a defect in the design or performance of the Services ordered under the conditions and according to the following terms:
Provisions relating to 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 at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility. ”
Article L217-5 of the Consumer Code
1. The goods comply with the contract:
-If it is suitable for the use normally expected of similar goods and, if applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or labeling;
2. Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. ”
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity lapses two years after delivery of the goods. ”
Article L217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization at least seven days is added to the duration of the remaining warranty. This period runs from the buyer’s request for intervention or the provision for repair of the goods in question, if this provision is subsequent to the request for intervention.
In order to assert their rights, the Customer must inform the Service Provider, in writing (email or post), of the existence of defects or lack of conformity.
The Provider will reimburse or rectify or have rectified (as far as possible) the services deemed to be defective as soon as possible and at the latest within 30 days of the discovery by the Provider of the defect or defect. This reimbursement can be made by bank transfer or check.
The Service Provider’s guarantee is limited to the reimbursement of Services actually paid for by the Customer.
The Service Provider may not be considered liable or faulty for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.
The Services provided through the Provider’s site comply with the regulations in force in France. The Service Provider cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of the Services requested, to check.
ARTICLE 8: Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Services and their production and delivery, as well as their transmission to third parties involved in the provision of the Services. This personal data is collected only for the performance of the service contract.
8.1 Collection of personal data
The personal data which is collected on the site www.wpteam.io are the following:
- Account opening
- When creating the Client / User account:
- Names, first names, postal address, telephone number and e-mail address.
As part of the payment for the Services offered on the site www.wpteam.io, it records financial data relating to the bank account or the credit card of the Client / user.
8.2 Recipients of personal data
Personal data is used by the Service Provider and its co-contractors for the execution of the contract and to ensure the efficiency of the provision of services, its performance and its delivery.
The category (ies) of co-contractor (s) is (are):
- Payment establishment providers
The data controller is the Service Provider, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.
8.3 limitation of processing
Unless the Customer expressly agrees, his personal data is not used for advertising or marketing purposes.
8.4 Data retention period
The Service Provider will keep the data thus collected for a period of 5 years, covering the time of prescription of the applicable contractual civil liability.
8.5 Security and confidentiality
The Service Provider implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.
8.6 Implementation of the rights of Customers and users
In accordance with the regulations applicable to personal data, Customers and users of the www.wpteam.io site have the following rights:
- They can update or delete data concerning them as follows:
Send a request by email to the following address: email@example.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 Service Provider is inaccurate, they may request the updating 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 the applicable data protection laws by writing to the address indicated in article 9.3 “Data controller”
- They can also request the portability of data held by the Provider to another provider
- Finally, they may object to the processing of their data by the Service Provider
These rights, as long as they do not preclude the purpose of the processing, can be exercised by sending a request by post or E-mail to the Data Controller whose contact details are given above.
The controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer’s request, the latter must be justified.
The Customer is informed that in case of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.
The Customer may be invited to tick a box under which he agrees to receive emails of an informative and advertising nature from the Provider. He will always have the possibility of withdrawing his agreement at any time by contacting the Provider (contact details above) or by following the unsubscribe link.
ARTICLE 9: Intellectual property
The content of the www.wpteam.io site 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 offense of counterfeiting.
ARTICLE 10: Applicable law – Language
These terms of sales and the operations arising therefrom are governed by and subject to French law.
These terms of sales are written in English. In the event that they are translated into one or more foreign languages, only the English version will prevail in the event of a dispute.
ARTICLE 11: Disputes
For any complaint, please contact customer service at the Service Provider’s postal or email address indicated in ARTICLE 1 of these terms of sales.
The Client is informed that he can in any event have recourse to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In this case, the designated mediator is :
AME CONSO (The Association of European Mediators)
Sise 11, place Dauphine
The Client is also informed that he can also use the Online Dispute Resolution (RLL) platform: https: //webgate.ec.europa.eu/odr/main/index.cfm? Event = main.home .show
All disputes to which the purchase and sale operations concluded in application of these terms of sales and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law common.