terms of sale tipsters
The website https://bet2invest.com/ is published by BET2INVEST (hereinafter "BET2INVEST"), a simplified joint stock company with share capital of €36,170, 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]
VAT NO.: FR22952430361
The parties agree that their relationship shall be governed exclusively by these general terms and conditions of sale, including any appendices (hereinafter referred to as "the GTCS").
3.Purpose and scope of these GTS
Any registration of a Tipster on the Site implies the Tipster's full and unreserved acceptance of these GTC, which govern the relationship between the Tipster and BET2INVEST. These Terms and Conditions apply to all Options and Services offered by BET2INVEST.
4.Duration and entry into force
These terms and conditions come into force on the date of validation of the registration 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.
The Services and any paying Options 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 and Options available on the Site.
The Tipster is invited to take note of the characteristics of the Services and any other information attached (documentation, technical characteristics, etc.).
For further information, Tipster can contact BET2INVEST.
BET2INVEST offers the following Services and Options for Tipsters with at least 400 predictions.
The Tipster is informed that any paid Option is subscribed for a minimum sliding period of 30 days, from date to date.
6.Access to Services
6.1.Create an account
The Tipster accesses the Services via the Site by means of Identifiers consisting of an identifier and a password. These Identifiers are validated by BET2INVEST when the Tipster creates an Account. These Identifiers are strictly confidential. The Tipster formally agrees not to divulge its Identifiers in any form whatsoever to any third party. The Tipster acknowledges that he/she is solely responsible for their safekeeping. Any loss, theft, misappropriation or unauthorized use of the Identifiers will be reported without delay by the Tipster to BET2INVEST, and will be the sole responsibility of the Tipster.
In this case, BET2INVEST will cancel the Tipster's Identifiers and send him new ones.
6.2.Subscription to Options
In order to register for the Services, the Tipster must complete the following steps:
- The Tipster dials the Site address and connects to the Site;
- The Tipster follows the instructions of the Site and in particular, the instructions necessary to the opening of an Account Tipster;
- The Tipster selects any Options he wishes to subscribe to;
- An account summary page appears, showing the total amount of any Options;
- The Tipster validates his Account and acknowledges having read these GTC by ticking the appropriate box;
- The Tipster selects his method of payment;
- Up to this page the Tipster can cancel or modify his Account and Options;
- The Tipster confirms his Account by clicking on the "confirm" button. On receipt of this confirmation, the Account and Options become firm and definitive for the selected duration and are saved;
- The Tipster is then connected to an online payment service and enters his bank details. Payment is made online by credit card on a secure site. The transaction is confirmed by an e-mail sent by BET2INVEST to the Tipster upon receipt of the payment confirmation or STRIPE's authorizations.
Once the Options have been subscribed to, the Tipster will be able to activate his alerts in his Account, accessible via his Identifiers on the Site.
6.4.Service history and after-sales service
The Tipster can consult the history of his Services and Options in his Account. For any information concerning a current Option, the Tipster can contact BET2INVEST.
6.5.Tipsters filtering and subscription limits
The Tipster is informed that the subscriptions of the Punters having subscribed to his Account are limited to 100 subscriptions of concomitant Punters.
BET2INVEST reserves the right to filter the Tipsters present and able to create an Account on its Site. For example, BET2INVEST may limit the opening of Tipsters accounts to Bettors with a minimum length of time in the practice of sports prognostication, and whose prognostication history shows a minimum ROI (return on investment).
The filtering conditions are as follows: the Tipster will only be able to offer his prediction information for a fee via BET2INVEST if his predictions benefit from a minimum average ROI of 4% on his entire balance sheet with at least 400 predictions. BET2INVEST may agree, at its sole discretion, to take over the Tipster's existing balance sheet and ROI.
7.Prices and payment terms
Prices on the Site are given in euros, inclusive of all taxes, including the applicable VAT. The VAT (Value Added Tax) in force is the French VAT at the date of the Option.
Only credit cards are accepted for online payment via the STRIPE service.
Prices are those in force on the date of Option subscription.
The transaction is carried out immediately via the STRIPE service after verification of the Tipster data, and 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 Tipster's bank card payment transaction via the STRIPE service of an Option cannot be revoked after his consent has been obtained.
By providing his credit card details, the Tipster authorizes BET2INVEST to debit his credit card and his account for the amount corresponding to the total amount of the Option. To this end, the Tipster confirms that he/she is the holder of the account to be debited, as well as of the bank card to be debited, and that the name appearing on the bank card is indeed his/her own. The Tipster communicates his STRIPE identifiers or the sixteen digits and expiry date of his credit card, as well as, where applicable, the visual cryptogram numbers.
In the event that the full amount of the Option cannot be debited, the sale of the Option will be immediately cancelled.
BET2INVEST does not store any debit or credit card information. This information is processed by the payment service provider, the STRIPE banking institution, 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 money institution under reference number C187865.
The Tipster receives the invoice corresponding to the payment of his Option on the e-mail address linked to his Account. Access to the Services by the Tipster on the Website is effective from the date of receipt of payment by BET2INVEST.
7.3.Payment of proceeds from bettors' subscriptions to Tipster
In accordance with the billing mandate granted to BET2INVEST by the Tipster, BET2INVEST will bill the subscriptions directly to the Bettors in the names and on behalf of the Tipsters.
BET2INVEST will retain 33% of the amount (excl. VAT) of the subscriptions paid by punters to the Tipster in respect of the matchmaking service, and will therefore pay out 67% of the sums received (excl. VAT) in respect of the remuneration of the Tipster subscription.
7.4.Late payment penalties
If the Tipster fails to pay the sums due on the due date, the sums due will become immediately payable without prior notice, and interest will be charged 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 to the application of the "Termination" article.
In any event, in accordance with the provisions of article L 441-6 of the French Commercial Code, BET2INVEST is entitled, without prior formal notice, to claim from the customer a fixed indemnity for collection costs of forty (40) euros or to claim additional compensation from the Tipster under the conditions provided for in article L 441-6 of the French Commercial Code.
7.5.Suspension of Services and Options
The Tipster is informed that any non-payment immediately suspends his Option or in case of violation of these GTC, after notification by BET2INVEST. BET2INVEST will restore the Tipster's access to the Services and Options as soon as the amounts due and/or the means of payment linked to the Tipster's Account have been settled.
The Tipster entrusts BET2INVEST with the task of issuing, in its name and on its behalf, all invoices relating to subscriptions sold by the Tipster to punters via the Website. This billing mandate is established in accordance with the regulations in force.
This Billing Mandate is concluded for the duration of the Tipster's registration with BET2INVEST Services.
BET2INVEST undertakes to draw up and send, in the name and on behalf of the Tipster, all of the Tipster's invoices to Punters for subscriptions taken out via the Site, in accordance with the information provided by the Tipster. Invoices will be issued after validation on the Site by BET2INVEST and the Tipster. Invoices will be sent either electronically or made available on the Site.
BET2INVEST undertakes to make available to the Tipster a copy of all the invoices it issues in the Tipster's name and on its behalf, at the same time as they are made available. BET2INVEST undertakes to mark invoices with the words "Invoice issued by BET2INVEST in the name and on behalf of [Tipster's name]".
In the event that the Tipster requests a rectification of the invoice, BET2INVEST undertakes to issue a rectifying invoice without delay. With regard to invoice numbering, BET2INVEST undertakes to use a chronological and continuous numbering sequence, distinct for each Tipster. BET2INVEST undertakes to keep all invoices issued in the name and on behalf of the Tipster for a minimum period of five (5) years. If necessary, BET2INVEST undertakes to collect the funds resulting from the performance of the Services in an escrow account and to transfer these sums to the Tipster under the conditions defined herein.
The Tipster acknowledges that it is responsible for its legal and tax obligations with regard to invoicing for invoices issued in its name and on its behalf by BET2INVEST, and in particular with regard to its VAT declaration and payment obligations. Furthermore, the Tipster is solely responsible for determining the rules applicable to invoicing and for transmitting the information required to BET2INVEST so that it can issue invoices in compliance with the applicable regulations, and in particular with regard to its VAT liability.
The Tipster undertakes to notify BET2INVEST within 72 hours of any changes to the information concerning him/her, particularly with regard to his/her professional identity or VAT liability.
Failing this, they will not be taken into account for invoicing purposes. Likewise, the Tipster expressly undertakes to :
- provide BET2INVEST with all the information required by applicable regulations to appear on invoices (in particular, a copy of his valid national identity card, SIRET number, IBAN or postal address);
- where applicable, pay to the Treasury the value added tax shown on invoices issued in its name and on its behalf;
- immediately claim the duplicate invoice if the latter has not been made available to him by BET2INVEST within the time limits and under the conditions specified herein; and
- inform BET2INVEST of any change in the information concerning the identification of its company.
The Tipster has 5 days to contest the information contained in the invoice issued in his name and on his behalf, and to request that BET2INVEST rectify it. If the Tipster does not contest the invoice within this period, the invoice is deemed to have been accepted by the Tipster. The Tipster undertakes to keep a copy of all invoices issued by BET2INVEST in its name and on its behalf.
BET2INVEST undertakes to pay all sums due to Tipster, under the billing mandate, every 5th of the month following its monthly activity, from the receipt of these payments.
In order to allow this transfer, the Tipster will have to enter his bank details (IBAN and BIC) in his profile and provide BET2INVEST with any other document that may be necessary.
If the Tipster does not enter his/her bank details, he/she de facto waives payment of the sums due, which will remain the property of BET2INVEST.
The Services sold by BET2INVEST and accessible from the BET2INVEST Website are protected by intellectual property rights. As such, BET2INVEST grants the Tipster a non-exclusive, non-transferable and non-sublicensable right to use the Services, for the duration and price of the subscription to the Services and Options and for the whole world.
The Tipster does not acquire any intellectual property right, nor any other right than those conferred by the present GCS. The Tipster undertakes, directly and indirectly, not to encourage any third party to act in this way:
(i) not to modify, reproduce, copy, translate, reverse engineer, decrypt, decompile, disassemble, create derivatives of all or part of the Site or the Services or attempt by any other means to access the source code or protocols from the object code of the Site, its Account and the Services;
(ii) not to allow or facilitate unauthorized access to the Site, its Account and the Services;
(iii) not to undermine the logical and material integrity of the Site, its Account and the Services;
(iv) not to use the Site, its Account and the Services for the benefit of third parties in any way whatsoever, in particular for the purpose of offering an office service, timeshare service 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 method and know-how that it makes available to the Tipster.
The T&Cs do not transfer any intellectual property rights. The Tipster undertakes not to disclose, sublicense, publish, transmit or make available the Services to any third party not authorized by BET2INVEST. The Tipster therefore undertakes to secure and protect the Services and to take any action 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
BET2INVEST guarantees to the Tipster the conformity of the Services to the state of the art, for their proper use.
The technical consequences of updating browsers and operating systems on computer equipment are the sole responsibility of Tipster. Computer equipment (in particular but not exclusively tablets, computers, servers) as well as telecommunication costs enabling access to the Services are the sole responsibility of Tipster.
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 during the entire period of subscription to the options from the time of 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 guarantee of conformity implies the obligation to provide all updates necessary to maintain the conformity of the digital content or service throughout the subscription period of the options.
"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 the 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 Tipster declares that he understands that the withdrawal period of fourteen (14) clear days available to the consumer is not applicable to the sale of immaterial products and services.
Consequently, and with regard to the Services, acceptance of the T&Cs implies express waiver by the Tipster of its 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 Tipster acknowledges having expressly waived any right of withdrawal when subscribing to an Option.
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 that 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 has an obligation of means, to the exclusion of any obligation of result, which the Tipster 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 Tipster. In particular, BET2INVEST shall not be liable to the Tipster 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 Tipster and BET2INVEST agree that BET2INVEST's contractual liability is limited to the amount paid by the Tipster for the registration to the Services and that the Tipster will not be able to claim any additional damages hereunder.
BET2INVEST disclaims all liability regarding the use of the Services and the Site by the Tipster, in particular regarding the completion of exercises and activities by the Tipster and the integration of the Tipster's own content into the Services. It is therefore the Tipster's responsibility to take all appropriate measures to store its own content and to protect its 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 software and firewalls. Given the intrinsic characteristics of the Internet, BET2INVEST cannot guarantee the Tipster against risks, in particular but not exclusively, the risks of piracy, from its computer equipment.
BET2INVEST does not guarantee any damage resulting from the use of the Services. It is the responsibility of the Tipster 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 Tipster of an essential obligation arising from these GTC, i.e. in particular in the event of a breach by the Tipster of its legal or contractual obligations or of default of payment, BET2INVEST reserves the right to suspend, after prior notification by any means, the Tipster's access to all or part of the Services and Options, with immediate effect and without compensation, by letter or email.
Any suspension or termination of the Services under the conditions of the present article does not entail any postponement of the duration for which the Services were subscribed, as a result of the suspension of the said Services. The Tipster shall remain liable for payment of the Services for the duration of the Option subscribed to and shall not be entitled to any reimbursement of the price and costs of the Options suspended during the period of suspension.
14.1.Termination for convenience
Either Party may terminate its subscription to the Services 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.
As the Options subscription is a digital service, the Tipster may terminate his or her registration online using the function provided by BET2INVEST and accessible from the Account. BET2INVEST will acknowledge receipt of the termination request and inform the Tipster of the 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 shall take effect automatically on the date of dispatch by BET2INVEST of the letter sent to the Tipster in application of the present clause. It shall automatically and without prior notice lead to the deletion of the Account, without prejudice to any other consequences that may arise in application of these GTC.
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.
Termination of the GTC, for whatever reason, will result in the Tipster's obligation to cease using the Site, as from the end of the reversibility period provided for herein.
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 his Tipsters:
- Company name,
- first name,
- email address,
- postal address,
- postal code,
- date of birth,
- login and password,
- bank details,
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.
- Option with tacit renewal: until the last payment due date, if the option 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.
The data requested by BET2INVEST is mandatory and essential for this purpose. Failure to provide this information will prevent the Services 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. To exercise these rights, please contact the data controller by sending a request together with a copy of your identity document to the following e-mail address: [email@example.com]
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.
Each of the Parties undertakes to :
(i) keep confidential all information it receives from the other Party, exercising at least the same degree of care as it exercises to protect its own confidential information;
(ii) not to disclose confidential information received from the other Party to any third party, other than employees or agents who need to know such information in order to perform the GTC;
(iii) use the confidential information received from the other Party only for the purpose of exercising its rights and fulfilling its obligations under the GTC;
(iv) to respect any medical secrecy applicable to the information that may be concerned.
The Parties shall have no obligation with respect to information which :
(i) have fallen or will fall into the public domain through no fault of the receiving Party;
(ii) would be independently developed by the receiving Party;
(iii) would legitimately be received from a third party not subject to an obligation of confidentiality,
(iv) is required to be disclosed by law or by order of any administrative or judicial authority, in which case such information shall be disclosed only to the extent required by such authority and only after written notice has been given to the other Party.
This reciprocal obligation of confidentiality is applicable for the entire duration of the GTCS and, in any event, for a period of five (5) years after the end of the GTCS.
Each of the Parties shall return or destroy all copies of documents and media containing the other Party's confidential information, as soon as the GCS are terminated, for whatever reason. The Parties also undertake to ensure compliance with these provisions by their personnel, and by any employee or third party who may intervene in any capacity whatsoever within the framework of the GTS.
18.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 set out 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 law and national law as well as all 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 was not legitimately in a position to be aware of them; 2° that at the time of conclusion of the contract, 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 can demonstrate that the lack of conformity 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. If this is not the case, the burden of proof referred to in the first or second paragraph of I of the present article lies 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 modifications will be brought to the attention of the Tipster, if necessary.
Whether these GTC are signed using a technical electronic signature process that meets the criteria of 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 Tipster is expressly informed that connection logs, consumption statements, order forms, payment summaries relating to his 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 Tipster 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.
19.6.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.
19.7.Notifications and contacts
All notifications provided for herein shall be made by registered letter with acknowledgement of receipt addressed to the addresses provided by the Tipster or BET2INVEST as the case may be, including BET2INVEST's registered office, the address of which appears at the head hereof. 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 Account.
20.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 Tipster must first contact BET2INVEST in order to find an amicable solution, by means of a written complaint by e-mail to the address: [firstname.lastname@example.org].
The Tipster is informed that he can in any case resort to a conventional mediation in accordance with the provisions of articles L 611-1 and following of the Code of consumption.
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 complaint in writing to the Tipster department of BET2INVEST before any request for mediation, either by e-mail to [email@example.com], or by post to the address of the registered office of BET2INVEST as recalled at the head of these presents.
The dispute may only be examined by the Consumer Ombudsman if the Tipster 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 Tipster has submitted his/her request to the Ombudsman within a period of less than 1 year from the date of his/her written complaint to BET2INVEST. The request must be neither manifestly unfounded nor abusive.
Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013, the Tipster 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.
Friday, June 23, 2023