Terms of sale (Bettors)
The website www.bet2invest.com/ is published by BET2INVEST (hereinafter "BET2INVEST"), a simplified joint stock company with share capital of €36,170.00, headquartered at 99 A Boulevard Constantin Descat, Tourcoing (59200), registered in the Lille Métropole Trade and Companies Register under number 952 430 361, represented by its Chairman Mr Olivier Degryck.
Phone number : [03.62.53.23.79]
Email address: [email@example.com]
VAT NO.: FR22952430361
The parties agree that their relationship shall be governed exclusively by these general terms and conditions of sale, including its appendices (hereinafter referred to as "the GTCS").
3.PURPOSE AND SCOPE OF THESE GTS
These GTC apply to all Services and Subscriptions marketed by BET2INVEST on the Website.
Subscription to Betting Services, and the present GTC, are reserved exclusively for consumers, as defined by law and jurisprudence. Acceptance of these GTS, which are recorded on the Site, is evidenced by a box to be ticked when a Customer Account is created.
4.DURATION AND ENTRY INTO FORCE
These GCS come into force on the Subscription validation date as defined in the article below.
They are concluded for the duration necessary for the provision of the Subscription, until the extinction of the respective obligations of the Parties and the guarantees and obligations owed by BET2INVEST.
Subscriptions and prices are valid as long as they appear on the Site.
In accordance with article L.111-1 of the French Consumer Code, the essential characteristics and prices of the Services are available on the Site. The Bettor is invited to take note of the characteristics of the Services and any other information attached (documentation, technical characteristics, etc.).
For further information, the Bettor may contact BET2INVEST.
BET2INVEST offers the following subscriptions:
All tipsters become paying members once they have made 400 tips with an ROI (Return on Investment) of at least 4%. When a Tipster achieves this performance, he becomes a "Pro" and becomes a paying Tipster under the following conditions:
Total ROI - Subscription price incl. VAT
The Bettor is informed that the Subscription is taken out for a minimum sliding period of 30 days, from date to date.
6.1.Create a Customer Area
The Bettor has access to the Services via the Site by means of Identifiers consisting of an identifier and a password. These Identifiers are validated by BET2INVEST upon creation of the Customer Area by the Bettor. These Identifiers are strictly confidential.
The Bettor formally undertakes not to divulge his Identifiers in any form whatsoever to any third party. The Bettor acknowledges that he/she is solely responsible for their safekeeping. Any loss, theft, misappropriation or unauthorized use of Identifiers will be reported immediately by the Bettor to BET2INVEST, and will be the sole responsibility of the Customer.
In this case, BET2INVEST will cancel the Customer's Identifiers and provide him with new ones.
In order to complete the Subscription, the Bettor must complete the following steps:
- The Bettor enters the Site address and connects to the Site;
- The Bettor follows the Site's instructions and, in particular, the instructions required to open a Customer Area;
- The Bettor selects the Subscription to which he wishes to subscribe;
- A subscription summary page appears, showing the total amount of the subscription;
- The Bettor selects his payment method;
- Up to this page the Bettor can cancel or modify his Subscription;
- The Bettor confirms his Subscription by clicking on the "confirm and pay" button that appears.
- The Bettor is then connected to an online payment service and enters his bank details. Payment is made online by credit card on a secure site. BET2INVEST will send an e-mail confirmation of the transaction to the Customer upon receipt of the funds or payment confirmation.
- On receipt of confirmation of payment by the Bettor, the Subscription becomes firm and definitive for the selected duration, and the provision of the subscribed Services begins.
The delivery of Services corresponds to their availability on the Site, accessible to the Bettor via his Identifiers, through his Bettor profile.
6.4.Subscription history and after-sales service
The Bettor can consult the history of his Subscriptions in his Customer Area.
For any information concerning a current Subscription, the Bettor may contact BET2INVEST.
BET2INVEST offers the Customer a mechanism for terminating the Subscription.
Bettors can cancel their subscription for the following month before it begins.
Similarly, Bet2invest automatically terminates the subscription at the end of the current month if the Tipster monitored falls below the fateful 4% ROI mark on his overall balance sheet.
To cancel a Subscription, the Bettor must follow the procedure set up for this purpose on his account.
7.PRICES AND PAYMENT TERMS
Prices on the Site are indicated in euros, inclusive of all taxes, including the application of French VAT in force on the Subscription subscription date.
Online payments are accepted exclusively by credit card, via the STRIPE service provider.
The transaction is carried out immediately via the STRIPE service after verification of the Customer's data, on receipt of the debit authorization from the STRIPE service.
7.2.Terms of payment
In accordance with article L. 133-8 of the French Monetary and Financial Code, the Customer's bank card payment transaction via the STRIPE service of a Payment Services Subscription cannot be revoked after the Customer's consent has been obtained.
By providing his credit card information to STRIPE, the Bettor authorizes BET2INVEST to debit his credit card via the STRIPE service provider for the amount corresponding to the total amount of the Subscription purchased. To this end, the Bettor confirms that he/she is the holder of the account and of the bank card to be debited, and that the name appearing on the bank card is indeed his/her own. The Bettor communicates his identifiers or the sixteen digits and expiry date of his credit card, as well as, if applicable, the visual cryptogram numbers.
Should it be impossible to debit the full amount of the Subscription, the Subscription order will be cancelled immediately.
BET2INVEST does not store any customer credit card information. This information is processed by the payment service provider, Stripe Technology Europe, Limited, operating under the trade name STRIPE and regulated by the Central Bank of Ireland. The Central Bank of Ireland has approved Stripe PSP as an electronic payment service provider under reference number C187865.
The Bettor receives the invoice corresponding to the payment of his Subscription on the e-mail address linked to his Customer Area. The Bettor's access to the Services on the Site is effective upon receipt of payment by BET2INVEST.
7.3.Late payment penalties
Failure by the Bettor to pay the sums due on the due date shall automatically and without prior notice result in the immediate payment of the sums due, as well as the invoicing of late payment interest calculated on the basis of three (3) times the legal interest rate applicable in France. Late payment penalties are payable on the day following the due date shown on the invoice, without prejudice to the suspension of services until full payment, or the cancellation of the order.
In any event, in accordance with the provisions of article L 441-6 of the French Commercial Code, BET2INVEST shall be entitled, without prior formal notice, to claim from the Customer a fixed indemnity for collection costs in the amount of forty (40) euros or to claim additional compensation from the Customer under the conditions provided for in article L 441-6 of the French Commercial Code.
7.4.Suspension of Subscription
The Bettor is informed that any non-payment immediately suspends his Subscription, after notification by BET2INVEST. BET2INVEST will reinstate the Subscription as soon as the sums due and/or the means of payment linked to the Customer Area have been settled.
8.1.Scope of rights granted
The Services sold by BET2INVEST and accessible from the BET2INVEST Website are protected by intellectual property rights. As such, BET2INVEST grants the Customer a non-exclusive, non-transferable and non-sublicensable right to use the Services for the duration and price of the Subscription and for the entire world.
The Bettor acquires no intellectual property rights, nor any other rights other than those conferred by these GTC. The Bettor undertakes, directly and indirectly, to :
(i) not to modify, reproduce, copy, translate, reverse engineer, decrypt, decompile, disassemble, create derivatives of all or part of the Site or Services or attempt by any other means to access the source code or protocols from the object code of the Site, its Customer Area and Services;
(ii) not to allow or facilitate unauthorized access to the Site, the Customer Area and the Services;
(iii) not to undermine the logical and material integrity of the Site, the Customer Area and the Services;
(iv) not to use the Site, its Customer Area and the Services for the benefit of third parties, in any manner whatsoever, in particular for the purpose of offering an office service, timeshare or any other services to third parties.
BET2INVEST reserves the right to correct any defect or incident, as well as to improve the Site and the Services.
BET2INVEST remains, in all circumstances, the owner of the intellectual property rights on all the Services and the Site, of which it is the publisher, as well as the tools, software or methods and know-how that it makes available to the Customer.
The GTC do not transfer any intellectual property rights. The Bettor agrees not to disclose, sublicense, publish, transmit or make available the Services to any third party not authorized by BET2INVEST. Accordingly, the Bettor agrees to secure and protect the Services and to take all actions necessary to comply with this obligation, including providing the necessary instructions to its employees and authorized consultants who have access to BET2INVEST's Services.
9.HOW TO EXERCISE LEGAL WARRANTIES
9.1.Compliance and integration guarantees
BET2INVEST guarantees to the Customer that the Services comply with the state of the art for their proper use.
The technical consequences of updating browsers and operating systems are the sole responsibility of the Customer. Computer equipment (including but not limited to tablets, computers and servers) and telecommunication costs for access to the Services are the sole responsibility of the Customer.
9.2.Implementation of warranties
"The consumer has the right to invoke the legal guarantee of conformity in the event of the appearance of a lack of conformity within a period of one month from the supply of the digital content or service. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.
"The legal warranty of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service throughout the subscription period.
"The legal guarantee of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and with no major inconvenience to him.
"The consumer may obtain a reduction in price by retaining the digital content or digital service, or he may terminate the contract by obtaining a full refund against relinquishment of the digital content or digital service, if :
"1° The professional refuses to bring the digital content or service into conformity ;
"2° The compliance of the digital content or service is unjustifiably delayed;
"3° The digital content or service may not be brought into conformity at no cost to the consumer;
"4° Bringing the digital content or service into conformity causes major inconvenience to the consumer;
"5° The non-compliance of the digital content or service persists despite the professional's unsuccessful attempt to bring it into compliance.
"The consumer is also entitled to a reduction in price or rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.
"In cases where the lack of conformity is minor, the consumer has the right to cancel the contract only if the contract does not provide for payment of a price.
"Any period of unavailability of the digital content or digital service for the purpose of bringing it back into conformity suspends the warranty that remained in force until the digital content or digital service was supplied in conformity again.
"These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
"A professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).
"The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service."
10.RIGHT OF WITHDRAWAL
In accordance with article L.221-28 13° of the French Consumer Code, the right of withdrawal may not be exercised for contracts for the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
The Bettor declares that he understands that the withdrawal period of fourteen (14) clear days available to consumers does not apply to the sale of intangible products and services.
Consequently, and with regard to the Services, acceptance of the GTS implies express waiver by the Customer of his right of withdrawal of fourteen (14) clear days in accordance with the legal provisions in force relating to the supply of digital content not provided on a physical medium.
The Bettor acknowledges having expressly waived any right of withdrawal when subscribing to the Services.
11.FORCE MAJEURE AND UNFORESEEN CIRCUMSTANCES
Any case of force majeure suspends the obligations of the GTC. BET2INVEST may not be held liable in the event of force majeure delaying or preventing performance of the Services or access to the Site. The following are considered to be cases of force majeure, in addition to those retained by the jurisprudence of the French Supreme Court (Cour de cassation): epidemics, pandemics, total or partial strikes external to the Parties, lock-outs, blockage of means of transport or supply for any reason whatsoever, earthquakes, fire, storms, floods, water damage, legal or regulatory restrictions or modifications, telecommunications blockage and all other cases beyond the control of BET2INVEST, preventing the performance of the GTC.
BET2INVEST suffering from force majeure shall notify the other Party as soon as possible of the occurrence of the event and of its cessation, if applicable, describing the event invoked preventing the performance of its obligations.
In the event of force majeure, BET2INVEST will endeavor to implement measures to ensure the continuity of the Services.
If the state of force majeure persists for more than thirty (30) days, BET2INVEST shall be entitled to terminate the GTC on the grounds of force majeure, and shall be released from all obligations under the GTC without reciprocal compensation, with the exception of the clauses which shall survive and be identified as such herein.
The application of the provisions of article 1195 of the French Civil Code is expressly excluded.
BET2INVEST undertakes to provide the Services diligently and in accordance with the rules of the trade, it being specified that it only undertakes an obligation of means, to the exclusion of any obligation of result, which the Bettor expressly acknowledges and accepts.
BET2INVEST undertakes to carry out regular checks to verify the operation and accessibility of the Site and Services. In this respect, BET2INVEST reserves the right to temporarily interrupt access to the Site and Services for maintenance purposes. Likewise, BET2INVEST shall not be held liable for any temporary difficulties or impossibilities in accessing the Site or Services due to circumstances beyond its control, force majeure or disruptions to telecommunications networks.
In any event, BET2INVEST's liability hereunder is expressly limited to proven direct damages suffered by the Bettor. In particular, BET2INVEST shall not be liable to the Customer or any third party for any indirect damage, loss of profits or loss of earnings that may arise in connection with the use of the Site and/or the Services.
In addition, the Bettor and BET2INVEST agree that BET2INVEST's contractual liability is limited to the amount paid by the Bettor for the Subscription to the Services and that the Bettor may not claim any additional damages.
BET2INVEST disclaims all liability with regard to the use of the Services and the Site by the Bettor, in particular with regard to the performance of exercises and activities by the Bettor and the integration of the Bettor's own content into the Services. It is therefore the Customer's responsibility to take all appropriate measures to store his/her own content and to protect his/her data and software.
In addition, BET2INVEST cannot be held responsible for the unavailability of the Site and/or certain Services, interruptions to Services and the Site due to the characteristics and limits of the Internet or to maintenance periods, technical performance and response times for downloading Services and the Site, in particular due to the presence of antivirus and firewalls. Given the intrinsic characteristics of the Internet, BET2INVEST cannot guarantee the Bettor against risks, in particular but not exclusively, the risks of piracy, from his or her computer equipment.
BET2INVEST does not guarantee any damage resulting from the use of the Services. It is the responsibility of the Customer using the Services to take all appropriate measures to protect its data and equipment.
13.SUSPENSION OF SERVICES
In the event of a breach by the Customer of an essential obligation arising from these GTC, i.e. in particular in the event of a breach by the Bettor of his legal or contractual obligations or default of payment, BET2INVEST reserves the right to suspend the Customer's access to all or part of the Services and the Subscription, with immediate effect and without compensation, after prior notification by any means, by letter or email.
Any suspension or cessation of Services under the conditions of the present article does not entail postponement of the duration for which the Services were subscribed, as a result of the suspension of the said Services. The Bettor remains liable for payment of the Services for the duration of the relevant Subscription and may not claim any reimbursement of the price and costs of the Subscriptions suspended during the period of suspension.
14.1.Termination for convenience
Either Party may terminate the Subscription for convenience by notifying the other Party of its intention to terminate, subject to thirty (30) days' notice by registered letter with acknowledgement of receipt. During the period of notice, the Parties remain bound by their obligations, including the provision of the Services and payment thereof.
The bettor may also cancel the Subscription directly online using the function provided by BET2INVEST and accessible from the Customer Area. BET2INVEST will acknowledge receipt of the cancellation request and inform you of the Subscription termination date by email as soon as possible.
14.2.Termination for fault
In the event of a serious and repeated breach of its obligations by a Party, the other Party may terminate the Contract ipso jure within thirty (30) days following notification of a registered letter with acknowledgement of receipt giving formal notice to the defaulting Party to comply with its obligations. This thirty (30) day period need not be respected if the unfulfilled obligation is not subject to regularization or to a regularization plan. In this case, the registered letter will simply record the final and immediate termination of the GCS.
14.3.Consequences of termination
Termination takes effect automatically on the date of dispatch by BET2INVEST of the written notice sent to the Customer in application of the present clause. It shall automatically and without prior notice result in the deletion of the Customer Space, without prejudice to any other consequences that may arise in application of these GTS.
No reimbursement will be made to the other party, as the services exchanged have been used in the performance of the GTC.
In all cases, the exercise of this right of termination does not exempt the Parties from fulfilling their contractual obligations up to the effective date of termination, subject to any damages suffered by the other Party as a result of the termination of these GCS.
BET2INVEST, in its capacity as data controller, processes the personal data of its customers for the purpose of delivering the Services contracted with it and sending commercial offers and news to customers.
BET2INVEST is committed to high standards of personal data protection, both in terms of technical and organizational security.
For more information, please consult the BET2INVEST Data Management Policy available at the following address: bet2invest.com/blog/rgpd
In this context, BET2INVEST may process the following data:
About our customers :
- first name,
- email address,
- postal address,
- postal code,
- date of birth,
- login and password.
The personal data collected in this context is kept for the duration of the commercial relationship with BET2INVEST. However, once the business relationship has ended, certain information must be kept by BET2INVEST on an archival medium.
With regard to our customers and business partners, the retention periods for archived data are as follows:
- Data collected as part of the contractual relationship: 5 years from the end of the contractual relationship;
- Data collected for the purpose of sending commercial offers and news to customers: until consent is withdrawn, or 3 years from the last contact with the organization.
- Accounting data and supporting documents: 10 years from year-end;
- Data relating to satisfaction surveys / product quality studies / product tests / sales statistics: duration necessary to achieve the objective of the survey / study / statistics or until the exercise of the right of opposition or withdrawal of consent;
- Bank details (payment by credit card / STRIPE account) :
- Single payment: until payment in full. Until receipt of the goods or performance of the service. Increased by the withdrawal period for distance sales of goods and services.
- Subscription with tacit renewal: until the last payment due date, if the subscription does not provide for tacit renewal.
- Claims management: 13 months, following the debit date, or 15 months in the case of deferred debit cards. Data stored in this way for evidentiary purposes must be kept in an intermediate archive and only used if the transaction is contested.
- Facilitate future purchases: until consent is withdrawn and/or the validity of credit card data expires.
This information is required by BET2INVEST and is essential for the management of the subscription. Failure to provide this information will prevent the Subscriptions from being carried out. The data collected is intended for the relevant and authorized departments of BET2INVEST and its authorized service providers solely for the aforementioned purpose. The data is hosted by AWS, a highly qualified provider of personal data protection services.
In accordance with the provisions of Law no. 78-17 "Informatique et Libertés" of January 6, 1978, amended by Law no. 2018-493 of June 20, 2018, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, you have the right to access your personal data, a right to rectification or deletion thereof, a right to limit the processing of your personal data, the right to portability of your data but also the right to object to processing due to a particular situation and a right to object to commercial prospecting. Finally, you have the right to define directives concerning the fate of your personal data after your death and to lodge a complaint with the CNIL supervisory authority at the following address: 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07. These rights may be exercised by contacting the data controller by sending a request together with a copy of your identity document to the following e-mail address: [ firstname.lastname@example.org].
BET2INVEST ensures that its subcontractors comply with regulations on the protection of personal data in accordance with Law No. 78-17 "Informatique et Libertés" of January 6, 1978 as amended by Law No. 2018-493 of June 20, 2018, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.
BET2INVEST declares that it has taken out an insurance policy with an insurance company covering its professional and operational civil liability, which may result from material and immaterial damage, consecutive or otherwise, for which it may be liable, and that it has paid the corresponding premiums.
These insurances must be maintained for the entire duration of the GCS, with a solvent insurance company established in France.
17.REMINDER OF THE LEGAL TEXTS ON THE LEGAL GUARANTEE OF CONFORMITY AND THE GUARANTEE FOR HIDDEN DEFECTS IN THE ITEM SOLD
Article L224-25-12 of the French Consumer Code The professional supplies digital content or a digital service in conformity with the contract and the criteria set out in article L. 224-25-14. Where the contract provides for a one-off supply of digital content or a digital service, or a series of separate supply operations, the professional shall be liable for any lack of conformity existing at the time of supply and which becomes apparent within two years of the supply. Where the contract provides for the digital content or digital service to be supplied on a continuous basis, the trader shall be liable for any lack of conformity which becomes apparent during the period in which it is supplied under the contract. The applicable period does not deprive the consumer of his right to updates in accordance with the provisions of article L. 224-25-25. The trader is also liable, within the same timeframe, for any lack of conformity resulting from the incorrect integration of the digital content or service into the consumer's digital environment, where this has been carried out by the trader or under his responsibility, or where the incorrect integration carried out by the consumer results from shortcomings in the instructions provided by the trader. This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code. The starting point of the limitation period is the day on which the consumer becomes aware of the lack of conformity.
Article L224-25-13 of the French Consumer Code The digital content or service conforms to the contract if it meets the following criteria, where applicable: 1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract; 2° It is suitable for any special use sought by the consumer, brought to the attention of the professional at the latest at the time of conclusion of the contract, and which the latter has accepted; 3° It is supplied with all accessories, including packaging, installation instructions and customer support, to be provided in accordance with the contract; 4° It is updated in accordance with the contract.
Article L224-25-14 of the French Consumer Code I.-In addition to the conformity criteria stipulated in the contract, the digital content or service is conform if it meets the following criteria: 1° It is fit for the use normally expected of digital content or a digital service of the same type, taking into account, where applicable, any provisions of European Union and national law as well as any technical standards, or in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; 2° Where applicable, it possesses the qualities that the trader has presented to the consumer in the form of a trial version or preview, prior to the conclusion of the contract; 3° It is supplied according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise; 4° In the case of continuous supply of digital content or a digital service over a given period, it is supplied without interruption throughout this period; 5° Where applicable, it is supplied with all accessories and installation instructions, as well as customer support, which the consumer may legitimately expect; 6° Where applicable, it is supplied with updates which the consumer may legitimately expect, in accordance with the provisions of article L. 224-25-25; 7° It corresponds to the quantity, quality and other characteristics, including in terms of functionality, compatibility, accessibility, continuity and security, that the consumer can legitimately expect for digital content or digital services of the same type, taking into account the nature of this content or Digital Content as well as public statements made by the professional, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling. II - However, the professional is not bound by any public declarations mentioned in the last paragraph of I if he can demonstrate: 1° that he was not aware of them and could not legitimately have been aware of them; 2° that at the time the contract was concluded, the public declarations had been rectified under conditions comparable to the initial declarations; or 3° that the public declarations could not have influenced the decision to contract. III -The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the digital content or service, which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when the contract was concluded.
Article L224-25-15 of the French Consumer Code Where, in connection with the contract, personal data is processed by the professional, a failure on his part to comply with his obligations under Regulation (EU) 2016/679 of April 27, 2016 and Law no. 78-17 of January 6, 1978 relating to information technology, files and freedoms, where such failure results in non-compliance with one or more of the compliance criteria set out in this section, shall be treated as a failure to comply, without prejudice to the other remedies provided for by these texts.
Article L224-25-16 of the French Consumer Code I.-Defects in conformity which appear within twelve months of the digital content or digital service being supplied are presumed to have existed at the time of supply, in the absence of proof to the contrary. Where the contract provides for the continuous supply of the digital content or digital service over a given period, the burden of proof as to whether the digital content or digital service was in conformity during the contractual period of supply shall lie with the trader in the case of a lack of conformity appearing during that period. II - The trader is not liable for lack of conformity if he demonstrates that it is directly attributable to the incompatibility between the digital content or service and the consumer's digital environment, and that the consumer had been informed by the trader of the technical compatibility requirements for this content or service prior to the conclusion of the contract. The consumer is obliged to cooperate with the trader, as far as is reasonably possible, necessary and least intrusive for him, in order to determine whether the lack of conformity is caused by this incompatibility. Where this is not the case, the burden of proof referred to in the first or second paragraph of I of the present article shall lie with the consumer, provided that the consumer has been informed in a clear and comprehensible manner of his obligation to cooperate prior to the conclusion of the contract.
Article 1645 of the Civil Code If the seller was aware of the defects, he is liable to the buyer for all damages, in addition to restitution of the price received.
Article 1646 of the French Civil Code If the seller was unaware of the defects, he will only be obliged to refund the purchase price and reimburse the buyer for any costs incurred by the sale.
Article 1647 of the Civil Code If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for restitution of the price and the other damages explained in the two previous articles. However, loss due to unforeseen circumstances will be for the buyer's account.
Article 1648 of the French Civil Code The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Article 2232 of the Civil Code Postponement of the starting point, suspension or interruption of prescription may not have the effect of extending the extinctive prescription period beyond twenty years from the day on which the right arose.
BET2INVEST reserves the right to modify these GTC at any time. Any changes will be notified to the customer as appropriate.
Whether these GTC are signed using a technical electronic signature process that meets the criteria for an advanced signature, under the conditions of Article 1367 of the French Civil Code, or by hand, they have the same evidentiary value, regardless of the method of signature chosen by BET2INVEST.
The Bettor is expressly informed that connection logs, consumption statements, order forms and payment summaries relating to his/her use of the Site are opposable and admissible, particularly in the event of legal proceedings.
These GTC are concluded in consideration of the Parties and any assignment by the Bettor is prohibited. BET2INVEST reserves the right to assign all contracts and GTC.
BET2INVEST's failure to take advantage of any breach by the other Party of its obligations under the GTCS shall not be construed as a waiver of the obligation in question, nor shall it give the other Party any right under the GTCS.
In the event that any of the provisions of the GTC are declared invalid or without object, including in application of a law, regulation or following a final decision of a competent court having the force of res judicata, the said provision shall be deemed unwritten and shall not entail the invalidity of the GTC. BET2INVEST will endeavor, insofar as possible, to remedy such invalidity by means of a rider replacing the said clause with valid stipulations corresponding to the spirit and purpose of the GTCS.
18.6.Independence of the parties
The Parties are and remain legally independent and assume the risks associated with their respective activities. These GTS shall not be construed as constituting any exclusive partnership, mandate, de facto or de jure grouping, or any legal relationship, other than the present Contract, that may be retained between the Parties.
18.7.Notifications and contacts
All notifications provided for herein shall be made by registered letter with return receipt requested addressed to the addresses provided by the Bettor or BET2INVEST as the case may be, including BET2INVEST's registered office, the address of which appears at the top of this document. Any change of address must be notified in advance to BET2INVEST before the said change becomes effective or by updating the corresponding field in the Customer Area.
19.JURISDICTION AND APPLICABLE LAW
The parties agree that the contract is subject to French law and that only French courts may hear such disputes, the language of the GCS being French. The place of jurisdiction in the event of a dispute shall be the defendant's domicile or, at the plaintiff's option, the place of actual delivery of the product.
It is also agreed that in the event of a potential dispute, the Parties will first make every effort to find an amicable solution.
In the event of a dispute, the Bettor must first contact BET2INVEST in order to find an amicable solution, by means of a written complaint by e-mail to the address: [email@example.com].
The Bettor is informed that he/she may in any case have recourse to conventional mediation in accordance with the provisions of articles L 611-1 et seq. of the French Consumer Code.
Contact details for the Mediation officer: AME CONSO Website: https://www.mediationconso-ame.com/ Address: 11 Place Dauphine, 75001 Paris.
In accordance with the rules applicable to mediation, any consumer dispute must be the subject of a written complaint to BET2INVEST's Customer Service before any request for mediation, either by e-mail to [firstname.lastname@example.org], or by post to BET2INVEST's registered office address as stated at the head of these terms and conditions.
The dispute may only be examined by the consumer mediator if the Bettor can prove that he/she has first attempted to resolve his/her dispute directly with BET2INVEST by means of a written complaint and that the Bettor has submitted his/her request to the mediator within less than 1 year of his/her written complaint to BET2INVEST. The claim must be neither manifestly unfounded nor abusive.
Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013, the Bettor is informed that the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
Complaints or disputes will always be received sympathetically, as anyone who takes the trouble to explain their situation is presumed to be acting in good faith.
In the absence of an amicable solution, whatever the origin of the dispute, it will fall within the jurisdiction of the competent French courts, in accordance with the rules set out above.
APPENDIX 1: PRICING CONDITIONS FOR SAAS SUBSCRIPTIONS
Direct debit methods: Direct debits are made immediately after the customer has agreed to the purchase, and then every month thereafter on the anniversary date, unless the customer advises otherwise.
Penalties for late payment: three times the legal rate in force, from 1er day of payment of the Subscription invoice due.
Suspension of access to the BET2INVEST Site and Services: with immediate effect after formal notice sent by BET2INVEST.
Friday, June 23, 2023