ARTICLE 1 - Scope of application
These General Terms and Conditions apply without restriction or reservation to all sales concluded by the Seller with professional and non-professional buyers ("Customers or the Customer") wishing to purchase the products offered for sale ("Products") by the Seller on the website www.kwadigo.ai. The Products offered for sale on the site are the following: "Digital Books" and "Training Sessions"
The main characteristics of the Products, and in particular the specifications, illustrations and indications of the content or capacity of the Products, are presented on the website www.kwadigo.ai. The Customer must read these characteristics before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
Digital Books are available as long as they are displayed on the site.
Training offers are subject to the availability of Trainers, time slots and participants, as specified when the order is placed.
These General Terms and Conditions of Sale are accessible at any time on the website www.kwadigo.ai and shall prevail over any other document.
The Customer declares having read these terms and conditions and having accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure on the www.kwadigo.ai website.
Unless proven otherwise, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
Kwadigo, SAS - Share capital of 20,000 euros
Registered in France - RCS of Montauban, under the number 820 625 739
491 chemin du Carreyrat, Montauban, France
mail : firstname.lastname@example.org
Intracommunity VAT number FR 60 820625739
The Products presented on the website www.kwadigo.ai are offered for sale in the following territories: Global, worldwide.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be automatically calculated net of tax on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.
ARTICLE 2 - Price
The Products are supplied at the prices in force appearing on the website www.kwadigo.ai, at the time the order is recorded by the Seller.
The prices are expressed in Euros, as exclusive of tax and as including all taxes.
The prices take into account any discounts that may be granted by the Seller on the website www.kwadigo.ai.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
For digital books, prices do include processing and providing a link for download. For Trainings, prices do include processing, organization of the event and access to the training room.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
The payment of the price of the Products by the Customer entitles him a right of personal use only. It does not grant him/her and any other right and the Products remain the intellectual property of the Seller. (see article 10 – Intellectual property)
Digital books can be subject to update or modification. In case of such an event, the Customer will be informed via an e-mail noticing him/her the change, allowing him to download free of charge the updated version.
ARTICLE 3 - Orders
It is up to the Customer to select on the www.kwadigo.ai website the Products he wishes to order, according to the following terms and conditions:
For Digital Books, the Customer chooses his digital book, indicates his name and company, and activates the "purchase" button. He is directed to a secure site for online payment by credit card. On this site, the customer indicates his e-mail address and validates the general conditions of sale and makes the payment. Two e-mails are sent to the e-mail address of the Customer. An e-mail as “order received” with the order reference and invoice and another e-mail as “download” with a link to download his digital book.
For training, the customer chooses his training and indicates his name, company (if relevant) and e-mail. He receives a confirmation e-mail that his selection has been taken into account, and within 3 working days, receives a complete training proposal including price and a description of the terms and conditions of the training.
Product offers are valid as long as they are visible on the site.
The sale will be considered valid only after full payment of the price. It is up to the Customer to check the accuracy of the order and to immediately report any error.
Any order placed on the site www.kwadigo.ai constitutes the formation of a contract concluded remotely between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
ARTICLE 4 - Terms of payment
The price is paid by secure payment, according to the following terms and conditions: payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed.
The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider intervening for the banking transactions carried out on the site www.kwadigo.ai.
The payments made by the Customer shall not be considered final until the Seller has effectively collected the sums due.
The Seller shall not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in metropolitan France or in the following zone(s): Worldwide.
Deliveries are made digitally within a period of hours to the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of possession or control of the Product.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within 24 hours after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
In the event of a special request by the Customer concerning the delivery conditions of the products ordered, duly accepted in writing by the Seller, the related costs shall be subject to a specific additional invoice, based on a quotation previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. He has a period of 24 hours from delivery to make complaints by e-mail, accompanied by all the relevant documents (in particular photos). After this period and failing to comply with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no complaint may be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, in accordance with the conditions set forth in Articles L 217-4 et seq. of the French Consumer Code and those set forth in these Terms and Conditions of Sale.
The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes possession of the Products.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Seller's Products to the Customer shall only take place after full payment of the price by the Customer, regardless of the delivery date of said Products.
ARTICLE 7 - Right of retraction
Given the nature of the Products sold, orders placed by the Customer do not benefit from the right of retraction.
The contract is therefore concluded definitively as soon as the Customer places the order according to the terms and conditions specified in these Terms and Conditions of Sale.
ARTICLE 8 - Responsibility of the Seller - Warranties
The Products supplied by the Seller benefit from :
- the legal guarantee of conformity, for defective, damaged or damaged Products or Products that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use
Article L217-4 of the Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. »
Article L217-5 of the Consumer Code
"The property is in conformity with the contract:
(1) If it is fit for the use ordinarily expected of similar property and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
(2) Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter. »
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. »
Article 1641 of the Civil Code.
"The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them. »
Article 1648 paragraph 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Article L217-16 of the Consumer Code.
"When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him at the time of the acquisition or repair of a movable good, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention. »
In order to assert its rights, the Customer must inform the Seller, in writing (e-mail or mail), of the non-conformity of the Products or the existence of hidden defects as of their discovery.
The Seller shall reimburse, replace or repair the Products or parts under warranty that are deemed to be non-compliant or defective.
Reimbursements, replacements or repairs of Products deemed to be non-conforming or defective will be made as soon as possible and no later than 30 days following the Seller's discovery of the non-conformity or latent defect. This reimbursement may be made by bank transfer or cheque.
The Seller shall not be held liable in the following cases:
- Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal use of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and shall not engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
ARTICLE 9 - Personal data
The Customer is informed that the collection of its personal data is necessary for the sale of the Products and for their delivery/delivery, entrusted to the Seller. This personal data is collected solely for the performance of the sales contract.
9.1 Collection of personal data
The personal data collected on the site www.kwadigo.ai are as follows:
Product Orders :
At the time of the order of Products by the Customer:
Names, first names, company (optional) and e-mail address.
As part of the payment for the Products offered on the www.kwadigo.ai website, the latter records financial data relating to the bank account or credit card of the Customer/user.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the time of the applicable contractual civil liability limitation period.
9.6 Security and Confidentiality
Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, please note that the Internet is not a completely secure environment and Seller cannot guarantee the security of information transmission or storage over the Internet.
9.7 Enforcement of Customer and user rights
In application of the regulations applicable to personal data, Customers and users of the www.kwadigo.ai website have the following rights:
- They may update or delete data concerning them in the following manner:
the customer can delete his personal data by sending a request by e-mail to email@example.com.
- They may delete their account by writing to the e-mail address indicated in article 9.3 "Data controller".
- They may exercise their right of access to know their personal data by writing to the address indicated in article 9.3 "Data controller".
- If the personal data held by the Seller is inaccurate, they may request the updating of the information by writing to the address indicated in article 9.3 "Data controller".
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
- They may also request the portability of data held by the Seller to another service provider.
- Finally, they can oppose the processing of their data by the Seller.
These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or e-mail to the Data Controller whose details are indicated above.
The data controller must provide a response within a maximum period of one month.
In the event of refusal to grant the Customer's request, the Customer must give reasons.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS, FRANCE) or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which it agrees to receive informative and advertising e-mails from the Seller. He or she will always have the possibility of withdrawing his or her agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual Property
The content of the site www.kwadigo.ai is the property of the Vendor and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute a counterfeiting offence.
All Digital books and Trainings materials are the property of the Vendor and subject to Copyright ©. No part of these publications or training materials may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. For permission requests, write to the publisher, at the address firstname.lastname@example.org
ARTICLE 11 - Applicable law - Language
The present general terms and conditions and the operations resulting from them are governed by and subject to French law.
These general terms and conditions are written in English. In the event that they are translated into one or more foreign languages, only this text shall be deemed authentic in the event of a dispute.
ARTICLE 12 - Disputes
For any complaint, please contact the customer service at the Seller's postal or e-mail address indicated in ARTICLE 1 of these general terms and conditions.
The Customer is informed that it may in any event have recourse to conventional mediation, to existing sector-based mediation bodies or to any alternative dispute resolution method (e.g., conciliation) in the event of a dispute.
In this case, the designated mediator is (coming soon...)
E-mail : _______________.
The Customer is also informed that he may also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show.
All disputes to which the purchase and sale operations concluded in application of these GCS and which would not have been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.