Article 1 - LEGAL INFORMATION
This site, accessible at the URL www.sight-o.io (the "Site"), is published by :
Sight-O SAS company with a capital of 1.500 euros, registered with the R.C.S. of Meaux under number 838 922 995, whose registered office is located at 49 boulevard de la République 77420 Champs-sur-Marne, represented by Alexis Maingaud duly authorised,
(hereinafter referred to as the " Operator ").
The Director of the publication of the Site is Alexis Maingaud.
The Operator can be reached at the following email address [email protected]
Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general terms and conditions of sale (the " General Terms and Conditions of Service ", or the " GTCS ") are applicable exclusively to the online sale of services offered by the Operator on the Website.
The GCS are made available to customers on the Site where they can be consulted directly and can also be communicated to them on request by any means.
The GCS are opposable to the customer who acknowledges, by ticking a box provided for this purpose, having been informed of them and having accepted them before placing an order. The validation of the order by its confirmation is equivalent to the buyer's acceptance of the GTCS in force on the day of the order, the conservation and reproduction of which are assured by the Operator.
The GTCS are also systematically sent with any order confirmation sent to the Client by the Operator. Any Client is therefore deemed to have read and accepted without reservation all the provisions of the GTCS, which will apply to all services provided by the Operator. The GTCS shall prevail over any clauses and conditions to the contrary that may appear in the general conditions of purchase or any other document issued by the Client. Any contrary conditions set by the Client will therefore, in the absence of express acceptance by the Operator, be unenforceable against the latter. The Operator however reserves the right to derogate from certain clauses of the GCS according to the negotiations carried out with the Customer, by the establishment of particular conditions of sale (in particular by the conclusion of a service contract) which will be approved by the Customer.
Article 3 - DESCRIPTION OF SERVICES
The Site is a website for the online sale of services providing an online method of Sight-reading (hereinafter the " Service (s)") open to any individual or legal entity using the Site (the " Customer "). The Services presented on the Site are each the subject of a description mentioning their essential characteristics. The photographs illustrating the Services do not constitute a contractual document. The Services comply with the provisions of French law in force.
The Customer remains responsible for the methods and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at the Customer's expense. In addition, the Customer must provide and be entirely responsible for the equipment necessary to connect to the Site.
The Customer acknowledges that he has checked that the computer configuration he uses is secure and in working order.
Article 4 - CREATION OF THE CUSTOMER AREA
In order to place an order on the Site, the Customer must first create a personal customer area. Once created, in order to access it, the Customer must identify himself using his secret, personal and confidential identifier and password. It is the Customer's responsibility not to communicate his login and password in accordance with the provisions of the article PERSONAL DATA herein. Each Customer undertakes to maintain strict confidentiality regarding the data, in particular the identifier and password, enabling him to access his customer area, the Customer acknowledging that he is solely responsible for accessing the Service using his identifier and password, unless fraud is proven. Each Customer also undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his identifier and/or password.
After the creation of his personal customer area, the Customer will receive an email confirming the creation of his customer area.
The Client undertakes at the time of registration to :
The Customer also undertakes not to make available or distribute illegal or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). If this is not the case, the Operator will be able to suspend or terminate the Customer's access to the Site at its sole discretion.
Article 5 - ORDERS
The Customer must select the chosen Subscription Services, add them to his basket by indicating the selected Services. The Customer can check the details of his order and its total price, and return to the previous pages to correct the contents of his basket, if necessary, before validating it.
Three subscription formulas exist: one monthly ("Student" formula) and two yearly ("Teacher" and "Community/Music School" formulas). The Customer is aware that the subscription runs for the selected period and will be renewed automatically. He can interrupt his subscription at any time up to one day before the end of the subscription.
For the "Teacher" and "Community/Music School" offers, the annual commitment is interrupted on the last day of the period.
The Customer undertakes to read the General Terms and Conditions in force at the time before accepting them and confirming the terms and conditions and any costs of withdrawal prior to payment of the order. The confirmation of the order implies acceptance of the GTC and forms the contract.
The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places an order, he/she must confirm it using the "double-click" technique, i.e. after selecting the Products added to the basket, the Customer must check and possibly correct the contents of his/her basket (identification, price, terms and conditions) before validating it by clicking on "I validate my delivery", then he/she acknowledges acceptance of these GST before clicking on the "I pay" button, and finally he/she validates his/her order after filling in his/her bank details. The "double click" is an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Customer.
The archiving of communications, order forms and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, order forms and invoices may be produced as proof of the contract. In the absence of proof to the contrary, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.
A copy of these Terms and Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of the Order for reference.
The contractual information relating to the order (including the order number) will be confirmed by e-mail in due course and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the "my account" area. The Operator also advises the Customer to print and/or file this invoice on a reliable and durable medium as proof.
Any email sent to the Customer in connection with an order will be sent to the email address that the Customer uses to identify himself in his customer area.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that :
The Operator shall archive contracts for the sale of Services in accordance with the applicable legislation. By sending a request to the following address [email protected] the Operator shall provide the Customer with a copy of the contract for which the request is made.
Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Operator.
The information communicated by the Customer when placing the order is binding. Thus, the Operator shall not be held liable in the event that an error when placing the order prevents or delays delivery.
The Customer declares that he/she has full legal capacity to enter into commitments under these General Conditions.
Registration is open to adults and minors, provided that they are under the supervision of a parent or guardian with parental authority. Under no circumstances is registration authorised on behalf of third parties unless they are validly authorised to represent them (e.g. legal entity). Registration is strictly personal to each Client.
In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the Customer's account without notice.
Article 6 - PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price in exchange for the provision of the ordered Service.
The Customer is informed that the Service cannot be made available until the Operator has received full payment of the sums due by the Customer.
The Operator uses the online payment solution Stripe.
Orders can be paid for using one of the following payment methods:
The Customer's order is recorded and validated as soon as the bank accepts the payment.
The Customer's account will only be debited with the relevant amount once (i) the details of the credit card used have been verified and (ii) the debit has been accepted by the bank that issued the credit card.
The impossibility of debiting the sums due will result in the immediate nullity of the sale.
In particular, the credit card may be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
Where applicable, the order validated by the Customer will not be considered effective until the secure bank payment centre has given its agreement to the transaction.
As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalise his order. These documents will not be used for any other purpose.
Article 7 - PAYMENT OF THE PRICE
The price of the Services in force at the time of the order is indicated in euros including all taxes (TTC) on the Site. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of the advertisement for the promotion.
The price is payable in euros (€) only.
The price is payable in full after confirmation of the order. The prices quoted include any discounts and rebates that the Operator may grant.
The total amount owed by the Customer and the details of this are shown on the order confirmation page.
Article 8 - RIGHT OF WITHDRAWAL
The Customer will benefit from a withdrawal period of fourteen (14) calendar days from the conclusion of the contract, in accordance with Article L. 221-19 of the Consumer Code.
If the Client wishes the performance of a service to begin before the end of the withdrawal period, the Operator shall receive his express request by any means.
The Client who has exercised his right of withdrawal for a service whose performance has begun, at his express request, before the end of the withdrawal period, shall pay the Operator an amount corresponding to the service provided up to the communication of his decision to withdraw; this amount is proportionate to the total price of the service agreed in the contract (and will therefore be equal to the total price of the service if the entire service has been performed).
No sum is due by the Customer who has exercised his right of withdrawal if his express request has not been received or if the Operator has not complied with the obligation to provide information as set out in 4° of Article L. 221-5 of the Consumer Code.
In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 and following of the Consumer Code, the Customer is invited to fill in the standard withdrawal form by clicking on the link below:
The Operator will send an acknowledgement of receipt of the Customer's request for withdrawal by e-mail.
Where applicable, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:
The exceptions of article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract (including):
1. the supply of services which are fully performed before the end of the withdrawal period and the performance of which has begun after the consumer has given his prior express consent and expressly waived his right of withdrawal;
2. the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.
The Operator will reimburse the Customer the sums due within fourteen (14) days of receipt of all the information required to implement the reimbursement of the Customer. This refund may be made by the same means of payment as that used for the Customer. In this respect, the Customer having paid for his order in the form of credit notes / gift vouchers may be reimbursed by credit notes / gift vouchers according to the Operator's wishes.
By accepting these General Conditions, the Customer expressly acknowledges that he has been informed of the withdrawal procedures.
Article 9 - CUSTOMER SERVICE
The Customer may contact the Operator:
Article 10 - INTELLECTUAL PROPERTY AND LICENSE OF USE
The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, scores, animated or non-animated images, photographs, videos, logos, drawings, models, software, trademarks, visual identity, databases, the structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the " Elements ") , which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or against payment, by a Client or by a third party, whatever the means and/or media used, whether known or unknown to date, without the express prior written authorisation of the Operator on a case-by-case basis, and the Client is solely responsible for any unauthorised use and/or exploitation.
The reproduction by any means, digital, physical or any other existing or future means, of the musical texts present on the site is formally forbidden.
The Operator reserves the right to take legal action against any person who does not comply with the prohibitions contained in this article.
ARTICLE 11 - LIABILITY AND WARRANTY
The Operator declares that he has taken out insurance to cover his professional and contractual liability.
The Operator shall not be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party to the present contract.
The Customer acknowledges that the characteristics and constraints of the Internet do not allow the security, availability and integrity of data transmissions on the Internet to be guaranteed. Thus, the Operator does not guarantee that the Site and its services will function without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change their content and/or presentation.
The Operator cannot be held responsible for the use that would be made of the Site and its services by the Clients in violation of these General Conditions and for the direct or indirect damage that this use could cause to a Client or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a Client and for his behaviour towards third parties. In the event that the Operator's responsibility is sought because of such behaviour by one of its Customers, the latter undertakes to guarantee the Operator against any sentence pronounced against him and to reimburse the Operator for all costs, in particular lawyers' fees, incurred in his defence.
ARTICLE 12 - PERSONAL DATA
The User is hereby informed that the personal data indicated as mandatory on the forms and collected within the framework of the service described herein are necessary for the use of the Site. The personal data that the Operator collects from the User may include
The Operator undertakes to ensure the protection of the Customer's personal data and of all personal data obtained in the context of the use of the Site's services.
As such, each Customer is solely responsible for maintaining the confidentiality of his or her login and password, and is solely responsible for all accesses to his or her Customer Account, whether authorised or not.
The Operator cannot be held responsible for any action or damaging fact carried out via the Customer's personal space by a third party who would have had access to his identifiers and password following a fault or negligence being attributable to the Customer. The Customer undertakes to inform the Operator immediately if the Customer is aware of or suspects any unauthorised use of or access to his personal space.
All personal data collected by the Operator are collected directly from the Customer and processed by the Operator to enable the implementation and management of the Site's services. This data may also be used to compile statistics in order to improve the services of the Site. This data may be transmitted to the Operator's partners and suppliers involved in the invoicing and management process for the purpose of processing orders and for marketing and customer relations management.
The Operator complies with legislation on the protection of personal data.
Article 13 - HYPERTEXT LINKS
The hypertext links available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he/she will leave the Site and agree to use the third party sites at his/her own risk or in accordance with the conditions governing them.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
The Site may also contain promotional hyperlinks and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to inform it of any hypertext link present on the Site which would allow access to a third party site proposing content contrary to the law and/or morality.
The Client may not use and/or insert a hypertext link to the site without the prior written consent of the Operator on a case-by-case basis.
Article 14 - REFERENCES
The Client authorises the Operator to mention the Client's name and logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).
ARTICLE 15 - GENERAL PROVISIONS
ENTIRETY OF THE PARTIES' AGREEMENT
These General Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more stipulations of these General Conditions are declared null and void in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope. Furthermore, the fact that one of the parties to these General Terms and Conditions does not take advantage of a breach by the other party of any of the provisions of these General Terms and Conditions shall not be interpreted as a waiver on its part to take advantage of such a breach in the future.
CHANGES TO THE CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to cease temporarily or permanently to operate all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without prior notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before using the Site. IN THE EVENT OF MATERIAL CHANGES AND IN THE EVENT OF ONGOING SERVICES, THE USER WILL BE INFORMED BY MEANS OF AN EMAIL AND A NOTICE ON THE SITE BEFORE THE CHANGE IS IMPLEMENTED.
The Customer acknowledges that the Operator shall not be liable in any way whatsoever to the Customer or any third party as a result of such modifications, suspensions or terminations.
The Operator advises the Customer to save and/or print out these General Terms and Conditions for safe and durable storage, so that they can be referred to at any time during the performance of the contract if necessary.
COMPLAINT - MEDIATION
In the event of a dispute, you should first contact the company's customer service department at the following address: [email protected]
In the event of failure to submit a complaint to the customer service or in the absence of a response from this service within ten (10) days, the Customer may submit the dispute relating to the order form or these GTC between him and the Operator to the following mediator :
Mediator of the Professional Federation of E-Commerce and Distance Selling (FEVAD) - https://www.mediateurfevad.fr/ - 60 rue la Boétie, 75008 Paris
The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
These General Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges that he/she has carefully read the present General Conditions.
By registering on the Site, the Customer confirms that he/she has read the General Conditions and accepts them, thereby becoming contractually bound by the terms of these General Conditions.
The General Conditions applicable to the Customer are those available at the date of the order, a copy of which dated to that day can be given to the Customer on request. It is therefore specified that any modification of the General Conditions which would be made by the Operator will not apply to any previous order, except with the express agreement of the Customer at the origin of a given order.