These Terms and Conditions of Sale apply to Canada
Updated (dd/mm/yyyy) : 25/01/2017
Terminology
- The TCS : these Terms and Conditions of Sale
- The Site: this website
- The Service: the service provided by the Site as part of a paid subscription
- The Supplier: the company VITACOPRO , publisher of the Site and supplier of the Service
- The Order: the act of subscription to the Service (which results in the voluntary validation of a configuration)
- The Client: the Corporation of co-owners who benefits from the Service
- The Condominium Online: the private part of the Site (offering all the management tools) subject of the Service
- The Supervisor: the person appointed by the Client to administer the Condominium Online at the highest level
The TCS define the contract of sale between the Supplier and the Client.
This sales contract is a « B to B » (Business to Business) contract, as the sale of a subscription happens between the Supplier and the Corporation of co-owners (The Client).
The Client accepts the TCS and undertakes to respect them when ordering the Service.
The Client will note that at the time of ordering, the TCS are reminded to him and a double confirmation action is required in order to make sure that he has read and accepted them (i.e. that he has ordered voluntarily).
The Client is informed that in the future the TCS may be modified without prior notice. The TCS applicable to the Order are those which are available for consultation on the Site at the time of the Order.
SALES CLAUSES
CLAUSE n°1 : Confirmation of the order
The validation of the Order implies the full and unreserved acceptance by the Client of these TCS, which are the only ones applicable at the time of the Order. The data recorded by the Supplier constitute proof of all transactions between the Supplier and its customers. The data recorded by the Supplier's payment system shall constitute proof of the financial transactions.
The Supplier reserves the right not to confirm the Order for any reason whatsoever: order-related problem, order payment problem, foreseeable problem in relation to the Client, foreseeable problem in connection with The delivery of the Service, technical problem. In this case the Client would be informed of the refusal of the Order by any useful means (telephone, fax, e-mail), and would be refunded his payment within 15 calendar days in case his payment would have been cashed By the Supplier.
CLAUSE n°2 : Characteristics of the Service
The service proposed by the Supplier consists of an access via the Internet to a private part of the Site in which the Client has web tools enabling him to improve the understanding and the daily management of his real estate condominium, for which he has subscribed to the Service. The service is provided to the Customer during the period of subscription to the Service.
The Client is informed that the Service is delivered to him by means of technologies that require the use of a recent Internet browser compatible with the Service. The list of browsers compatible with the Service is displayed on the Site at all times. The list of browsers compatible with the Service may be modified at any time and without notice.
The Client is informed that any malfunctions - being of technical or other nature - for which the responsibility rests with the Supplier, and which may appear during the Service, give no right to compensation or to an extention of the duration of the subscription to the Service. However, the Supplier may decide to extend the duration of the subscription corresponding to the Service if he considers that the Client has been deprived of the Service for too long a period. In this case the Supplier shall be the sole judge to estimate the number of additional days of subscription to be granted to the Client.
The commercial offers displayed on the Site and corresponding to the Service are neither definitive nor permanent and are valid during their presence on the Site. The photographs, the videos, the texts, the digital files participating in the definition of the commercial offers or accompanying the commercial offers are not contractual. The commercial offers are valid without geographical limitation unless stated otherwise on the Site.
CLAUSE n°3 : Period of validity of the Service
The period of validity of the Service is specified at the time of the Order and refers to the number of calendar days. This duration can never be reduced, either by the Client or by the Supplier. This period may, if necessary, be increased by the Supplier in order to allow the Client to benefit from additional subscription days for any reason whatsoever.
The Service begins when the Supplier has created the Online Condominium and transmits his access codes to the Supervisor by e-mail. The sending of the e-mail to the Supervisor thus sets the start date of realization of the Service.
The Service stops when the Supplier's automatic subscription management system has disabled access for the Client to his Online Condominium, in whole or in part. This deactivation follows the end of counting of the subscription time corresponding to the Order, this time being counted in days of 24h. During this count the Client is informed several times, by means of notifications by e-mail and on the Online Condominium, of the upcoming end of his subscription to the Service.
The period of validity of the Service may be increased from one to several days - and by unilateral decision of the Supplier - if the Supplier believes that a dysfunction ofthe Service has penalize the Client's use of the Service for a period of time that the Supplier deems too important. In this case, the additional days granted to the Client are added to his Order and postpone the end date of the Service by the number of days granted. The Client is then informed by e-mail - and on his Online Condominium - of the change (upgrade) of the duration of the subscription.
CLAUSE n°4 : Voluntary termination of the Service (penalty)
The Client is informed that the Service may be voluntarily interrupted by the Supplier if the Supplier discovers serious breaches - in particular repeated breaches - of the Terms and Conditions of Use of the Site (the TCU), whether by the Client or any person authorized by the Client to connect and use the Site.
The following facts (non-exhaustive list) may be considered by the Supplier as causes of interruption:
- Publication of illegal content
- Publication of non-copyright content
- Publication of content that infringes morality
- Publication of content of an advertising nature (in particular excessively)
- Publication of racist or antisemitic content
- Publication of insults to a third party
- Publication of false or defamatory information
- Publication of pornographic content
- Publication of contents relating to pedophilia
- Propaganda
- Attempted intrusion into the Site, attempted hacking of the Site
- Resale of access to the Service to third parties without the written and contractual authorization of the Supplier
- Non-payment of the subscription amount for the Service
The interruption of the Service will be decided by the Supplier after one or more reminders of the Terms and Conditions of Us through the internal messaging of the Site. Except for an extreme reason, the interruption will not be definitive and the subscription time capital of the Client will be kept intact. It will then be up to the Supplier to decide when the Service will be reinstated for the Client.
The Client agrees that an interruption of the Service may be applied by the Supplier. The Client is informed that the interruption does not give right to any compensation or extension of the duration of the subscription.
CLAUSE n°5 : Price of the Service
The price of the Service is displayed at the time of the Order and is understood to be all taxes included (inc VAT). No further surcharges apply to the price displayed during the Order. This price is displayed in the currency of the geographical region corresponding to the Site on which the Order was placed. It can therefore be displayed in euros, but also in dollars (USD / CAD / AUD), pounds Sterling, Yen ... etc.
The Client is informed that the price of the Service is variable and depends on several calculation factors, including the subscription plan chosen by the Client, the number and nature of the fractions chosen by the Client for his Online Condominium, the geographic region corresponding to the Site on (eg: country), the applicable local tax rate (eg VAT), the conversion value between the euro currency and the currency used to display the price, and also a decreasing coefficient which reduces the price for large condominiums.
In particular, the Client is informed that the price of the Service may differ depending on whether the Service is ordered in one geographical area or another. In general, the notion of geographic region will relate to a country, but more localized price adjustments are possible, in particular due to locally applicable taxes (where applicable). Finally, the price will depend on the currency used for its display.
Knowing that the price given to the Client for a subscription depends on many specific factors, the Client will not be able to demand a price lower than the price displayed on his Order on the pretext that the equivalent Service can be ordered in a different geographical area and at a lower price than his own.
CLAUSE n°5 : Applicable taxes
The price of the Service is net, meaning all taxes included.
Taxes are integrated with the price paid by the Client according to the regulations in force in the country of the Supplier and / or in the geographical region corresponding to the Site on which the Order was placed and / or in the geographical locality of the Client : State, region, municipality).
No fees are charged in connection with the delivery of the Service.
CLAUSE n°6 : Payment
Payment of the Order is to be transmitted to the Supplier after validation of the Order.
Payment can be made only by bank transfer (SEPA or International). The Supplier does not offer online payment nor payment by check at this time.
At the time of payment, the Client must indicate the unique code that has been assigned to his Order, so that the Supplier can quickly link the payment to the Order. In case of payment by bank transfer, the unique code must be entered in the reference area made available by the bank as part of the transfer.
The Client is informed that in case of receipt of his payment and absence of the unique code, the Supplier may take all the time necessary to establish the link between the payment and the corresponding Order. In particular, he may take the time to contact the Client to try to solve any problem.
CLAUSE n°7 : Bill
An invoice is provided to the Client once his Order is accepted and the payment of the corresponding amount has been received by the Supplier. This invoice is generated by the Supplier at the latest a few days after receipt of the payment and made available to the Client on his Online Condominium. The invoice is then downloadable via the Internet in the form of a PDF file.
CLAUSE n°8 : Deadline for implementation of the Service
Upon receipt of the payment corresponding to the Client's Order, the Supplier agrees to provide the Service within one (1) to fifteen (15) days, with an average period of three (3) days.
Beyond the maximum processing time, and in the event that processing of the Order does not pose any particular problem to the Supplier, the Supplier undertakes to offer the Customer additional subscription days as compensation. In this case, the number of additional days granted shall be at the discretion of the Supplier.
In case of processing problem of the Order, the Client is informed that the delivery time of the Service has no limit and will depend solely on the nature of the problem encountered. In all cases, the Supplier undertakes to deal with the problem as quickly as possible so that the Client's waiting time remains as short as possible.
In the event of too long a period of supply of the Service and without any information from the Supplier, the Client must first check with his bank that his payment has been cashed by the Supplier. In all cases, the Client may issue a report by e-mail to the Supplier by means of the contact page of the Site. He must then clearly indicate the date of the Order, the unique code of the Order, the date of realization of the payment with his bank, and the type of payment (by transfer). For his claim, the Client must also write his report in French or in English, any other language may induce much longer processing times.
CLAUSE n°9 : Guarantees
The Supplier guarantees the Customer :
- The securing of personal data (by encryption)
- The non-disclosure of his / her personal data to third parties
- Saving the data and resources of the Online Condominium, without time limit
- The non-cancellation of the Online Condominium, even in case of termination of the subscription
- Prompt intervention in case of proven malfunction of the Service
- An optimized and constantly improved quality of service
CLAUSE n°10 : Obligations of the Supplier and of the Client
The Client agrees, before validating his Order :
- To verify that all the information entered in his Order is accurate and real, and in particular the names of the persons or organizations, the postal addresses, and the e-mail addresses
The Client agrees, once his Order has been validated :
- To proceed to the payment of its Order as soon as possible (within a few days)
The Client agrees, once the Service has been provided :
- To respect to the letter the Terms and Conditions of Use of the Site
The Supplier agrees, once the Client's Order has been accepted and paid :
- To provide the Service to the Client as soon as possible
- To deal as promptly as possible with the Client's requests in the event of a problem
CLAUSE n°11 : Right to retract
Under the Consumer Code, the Client normally has a withdrawal period (fourteen working days) from the day after he accepts the offer for the Service. The Client may consult the official texts of the Consumer Code.
In this case, the withdrawal period begins the day following the day of the validation of the Order (i.e. the subscription request) by the Client.
However, and in accordance with the Consumer Code, the Client is informed that he will be able to prevail his right of withdrawal only on the condition that:
- The execution of the Service has not began in the meantime, and so, with the Client's agreement
- In this case, execution is deemed to be started from the moment the Online Condominium is created on our servers
- The Client agrees on this point during the validation of the Order, by voluntarily checking a box
- The price of the Service does not depend on the market rates
- In this case the price of the Service depends on the market rates when it is displayed in the Order with a currency other than the euro (€ / EUR)
The right of withdrawal of the Client remains valid in all the other cases.
To exercise his right of withdrawal, the Client must send to the Commercial Service of the Supplier a written request (a letter) in which he claims the cancellation of the Order in accordance with his right of withdrawal. This letter will have to specify the identity of the Client, his contact details (address + phone + email), the date of the Order, the price of the Order (in the original currency), the unique code used to create the Order), and the international banking coordinates (IBAN) of the Client or of the condominium that he represents. In the absence of these elements the Client is informed that the Supplier may not be able to process the request for withdrawal.
In the event of acceptance of the Client's request for withdrawal, and if payment of the Order has been received by the Supplier, the latter agrees to refund the payment within 30 working days after the date of receipt of the refund request. The refund will be made exclusively by bank transfer.
The address of the Supplier's Commercial Department is as follows :
VITACOPRO - Service Commercial
7, rue Mozart
35135 CHANTEPIE
FRANCE
CLAUSE n°12 : Limits of Responsibility
The Supplier's liability is limited to providing the Service, as displayed and detailed on the Site.
The Supplier is not liable for the quality of third party services on which the Service depends, namely: the service allowing the Customer to connect to the Internet and to access the Site, the e-mail routing service which allows the Site to inform the Client, the web hosting service of the Site, the Internet DNS service which allows the Client to find the Site from its domain name. For these third-party services the Supplier's responsibility is limited to intervening as quickly as possible with the suppliers of these services in an attempt to solve any malfunction for which they are responsible. In particular, the Supplier shall not be liable to the Client for interruptions to the Client's connection or for HTTP routing over the Internet, which would prevent the Client from gaining access to the Site and benefiting from the Service.
The Supplier shall not be liable in the event that the Client uses an Internet browser (brand and version) that has not been fully tested by the Supplier in order to be able to correctly access the Website and to operate correctly the Service. In particular, the Supplier's liability can not be incurred if malfunctions appear on the Site when using a new recent version of an Internet browser, insofar as the Supplier is not aware of the malfunctions and/or has not had time to technically correct the Site to avoid the occurrence of these malfunctions. It is then up to the Client to inform (by e-mail) the Supplier of the nature of the issue encountered, so that the Supplier can remedy it as soon as possible.
The Client is informed that he can consult the technical compatibility information of the Site with the Internet browsers of the market, by means of the page of technical information, for which the link is available in the footer of the Site.
CLAUSE n°13 : Litigation
Any order placed herewith shall constitute an endorsement by the Client to the Terms and Conditions set out on this page, without any restriction. In case of dispute our Customer Service remains available to find an agreement and try to settle the dispute as well as possible. Any dispute relating to the sale will be subject to French law before the Commercial Court of Rennes (35000, Britanny, France) which will be solely competent.
CLAUSE n°14 : Customer service
Our Sales Department can be contacted under the following conditions :
- by e-mail : commercial@redleafcondo.com
- important : your message must be written in French or in English
CLAUSE n°15 : Protection of personal data
Under the Data Protection Act, you have the right to access, consult, modify, rectify and delete data that you have communicated to the Supplier. To exercise this right you can send an e-mail to the Commercial Service (see previous clause).