GENERAL TERMS AND CONDITIONS OF SALE

FOR CONCILIO PAID SERVICES

Any use of the services offered by Concilio is subject to the prior acknowledgment and express acceptance of these General Terms and Conditions of Sale dated 29/06/2017 (modified 09/01/2019)

 

1. LEGAL DISCLAIMER

PUBLISHER 

CONCILIO, company “The Information Company”, with capital of €1835.21 whose registered office is located at 20 Bis Rue Louis Philippe, 92200, Neuilly-Sur-Seine and registered in the Nanterre Trade and Companies Register under number 814 428 298.
Email : [email protected]
Publishing Director : Dr. Florian Reinaud
Managaing Editor : Dr. Florian Reinaud

HOST

The Services as defined below, are hosted by the company ATE with a capital of 60,000 euros whose registered office is located at 21 avenue de la créativité, 59650 Villeneuve d’Ascq and registered in the Lille Trade and Companies Register under number 347 607 764.

Tel: +33 (0) 3 28 800 300

Mail : [email protected]

 

HEALTH DATA HOST

Personal health data within the meaning of the provisions of Article L 1111-8 of the French Public Health Code is hosted by the company ATE with a capital of 60,000 euros whose registered office is located at 21 avenue de la créativité, 59650 Villeneuve d’Ascq and registered in the Lille Register of Commerce and Companies under number 347 607 764.

Tel: +33 (0) 3 28 800 300

Mail : [email protected]
 

2. PURPOSES AND DEFINITIONS

These General Terms and Conditions of Sale are intended to govern the use of the paid services by the client, which are offered by the Company. They are intended to define the respective rights and obligations of Clients and the Company with respect to the Paid Services. The terms defined below have the meaning and scope given in their definition in the context of the conclusion and performance of these Terms and Conditions of Sales.

  • “T&Cs” means these Terms and Conditions of Sale of the Paid Services offered for sale by the Company and include the specific Contract Terms;
  • “GT&Cs” means the General Terms of Use for the CONCILIO Services, those paid for and those not paid for;
  • “Client” means any Subscriber of a Paid Service;
  • “Order” means any commitment to purchase any or all of the Paid Services selected by the Client;
  • “Personal account” means the account created by the User on their first use of the Services as defined in Article 2 of the General Terms of Use;
  • “Specific Contract Terms” means the Specific Terms that apply to one or more paid services (find out more information). They are in addition to the General Terms and Conditions of Sale for a particular Paid Service; they appear either on the “Offer” page (https://www.concilio.com/en/individual-offers/) or when accessing the Paid Service concerned;
  • “Contents” refers to all texts, images, videos, features and more broadly any element existing within the Services;
  • “Publisher” or the “Company” means the company CONCILIO which publishes the Services within the meaning of Law no. 2004-575 of 21 June 2004 regarding Confidence in the Digital Economy (known as “French LCEN Law”) subject to those published under the responsability of the partners identified specifically within the Services concerned;
  • “Services” means all services, paid for and not paid for, offered by the Company via Websites, one or more Applications and a Telephone Service;
  • “Paid Services” means all the services offered by the Company for sale and whose access is conditional upon the payment of a price by the client;
  • “Telephone Service” means the service available by calling the number +33 (0) 1 84 20 48 44 or any other number that may replace it and comprising,mainly, of these Services;
  • “Sites” means all web pages published by CONCILIO, notably for the purpose of making Online Services available, including a directory of doctors, making medical appointments, locating doctors, preparation for medical consultations and providing health information, and comprising mainly of these Services.
  • “Users” means the different categories of users of the Services; including Subscribers to a Paid Service (“Clients”);

 

3. CONTRACT DOCUMENTS

These General Terms and Conditions of Sale supplement and form a contract as a whole which is not severable from the General Terms of Use and the specific Contract Terms. The whole constitutes the entire agreement between the Client and the Company relating to the subscription and use of the Paid Services offered by the Company.
 

4. ENTRY INTO FORCE- DURATION

These General Terms and Conditions of Sale shall enter into force unconditionally with respect to the client on the day of the acceptance of the General Terms and Conditions of Sale and the specific Contract Terms by the latter, for the entire duration referred to in the specific Contract Terms.  

The Terms and Conditions of Sale remain in force for the duration of the subscription of the Client to the Paid Services described in the specific Contract Terms, including the automatic renewals defined therein, except in case of termination expressly provided for in the General Terms of Use of the Platform.  

In the event of non-payment by the Client when subscribing for the subscription to the Paid Services or during the performance of the Services, the Company reserves the right to postpone the effective date of the subscription or suspend until full payment.  

The Client is invited to read these General Terms and Conditions of Sale and is able to consult them at any time, download them, print them and keep a copy.
 

5. PRESENTATION OF PAID SERVICES

The Paid Services covered by these General Terms and Conditions of Sale, their essential features, as well as the contractual conditions specific to each Paid Service are described on the ” Offers “ page. Thus, the various offers and pricing terms are presented within the Services (for more information click here) to allow the Client to select the offer of their choice.

Paid Services are delivered by the Company within the limits of the content of the General Terms of Use and in particular the warning notices detailed in Article 5 “Presentation of Services and Content” of the General Terms of Use.

The Company reserves the right to modify the offers presented within the Services and thus to modify their description, only the offer selected by the User or the third party who subscribed to it for their account applies to the duration of the contractual relations thus put in place.
 

6. PRICE

The price of the Paid Services, indicated on the “The Offers “ page, is firm and final for a subscription of an annual duration or time limited according to the description of the different subscription options within the specific Contract Conditions.  

The price of the Paid Services is expressed in euros (€), inclusive of taxes (subject to the “Company” offer whose price is expressed exclusive of tax), and includes the value added tax ( VAT) applicable to the legal rate in force on the date of validation of the Order by the client, validation established by their online payment.  

The price of the Paid Services applicable to the Client’s Order is the one appearing on the ” Offer “ page at the time of the confirmation and payment of the Order by the Client.  

This price does not include the costs relating to the telephone or electronic communications necessary for the subscription for the use of the Paid Services, which remain the responsibility of the client.  

The Company grants itself the right to modify its subscription rates at any time and without notice. However, it undertakes to invoice for the Paid Services ordered at the prices indicated on the date of registration of the Order. In case of modification of the subscription rates during the performance of the Services and in particular during an automatic or express renewal of the subscription, the client will be informed in advance and will be able to terminate these General Terms and Conditions of Sale if they do not accept the price changes, under the terms defined in the “Termination” Article of these General Terms and Conditions of Sale.
 

7. TERMS OF PAYMENT

The payment of the price is made in cash at the time of the Order, the client being solely responsible for the payment of this price. The placing of a Paid Services Order requires the client to pay for this Order.  

The Order is payable immediately by (i) bank card (Debit Card, Visa, Mastercard, American Express) via a secure payment system with a solution that provides highly secure pages for entering payment data: card number, the expiration date and the security number or (ii) a secure payment method specific to the Internet such as PayPal or other or (iii) via a SEPA direct debit.  

Any online payment involves a first immediate debit, and when the Services selected by the Client include a subscription, the online payment includes regular monthly withdrawals for the duration of the subscription as selected by the Client and defined in the specific Contract Terms.  

Only the full payment of the price of the Order allows access to the paid services, any failure or suspension of payment automatically authorizes the Company, without prior formalities, or prior notice to suspend the provision of Services until full payment is made by the Client for the chosen Services.

In the event of failure of payment at the time of subscription to the Services or during their performance, the Company may terminate these General Terms and Conditions of Sale in accordance with the terms of the “Termination” Article of these General Terms and Conditions of Sale.  

After validation of the payment of the Order by the client, an invoice will be available in their Personal Account.
 

8. INVOICING

The client agrees to receive a paperless invoice.   When the payment process is completed, the client is directed to a page displaying the invoice of the Order. The client may print this page.   In addition, an e-mail confirming the Order showing the invoice mentioned is sent to the client.
 

9. PLACING AN ORDER - SUBSCRIPTION TO PAID SERVICE

PREREQUISITES:

In order to place an Order for Paid Services, the Client is informed that they must:

  • be at least eighteen (18) years old;
  • be legally able to proceed with the Order of Paid Services;
  • be holder of the bank card used to pay for the Order or, failing this, be duly authorized to use it to pay for the Order or use an Internet-specific secure payment method such as PayPal or a SEPA direct debit;

ORDER PROCESS
The Order is made in five steps and requires the creation of a Personal Account as specified in Article 6.2 of the General Terms of Use:

  • The Client logs in to their Personal Account;
  • The Client clicks on the web page for access to the Order for the Paid Services;
  • The Client must be informed of:
  • the Specific Contractual Terms of the Paid Services and check the box provided for this purpose confirming the acceptance of the aforementioned Contractual Terms for the provision of the Paid Services selected;
  • the General Terms and Conditions of Sale and check the box provided for this purpose confirming the acceptance of the General Terms and Conditions of Sale;
  • The Client proceeds to the payment of the Order by clicking on the “Subscribe” button.

The Client can, at any time before the confirmation and the processing of the Order, take note of the summary of his Order, have access to the Terms and Conditions of Sale, check the Contact Information (billing address) that they have entered, as well as the amount of the Order and correct any errors.   The Client may also cancel the Order by clicking on the “CANCEL” button.   The consent of the Client takes the form of two mouse clicks:

  • The first “click” provides validation of the Order;
  • The second “click” provides definitive confirmation of the Order after having checked and corrected it if necessary.
  • By clicking on the “Submit and Pay” button, the Client declares their agreement to pay for the Order.

This last step implies acceptance of the proposed prices and the description of the Paid Services and formalizes the sales contract with the Company.

  • The Client receives, by e-mail, a confirmation of payment and subscription to the selected Paid Services and a link to these General Terms and Conditions of Sale.

In the event of unavailability of a Paid Service, the Client will receive notification by email. The Order will be cancelled and refunded. The rest of the order will remain firm and final.
 

10. COOLING-OFF PERIOD

In accordance with Article L.121-21 of the French Consumer Code, “the consumer has a period of 14 days to exercise his right of withdrawal from a contract concluded remotely”.   This period begins to run from the day the contract negotiated remotely is concluded, this date being specified in the confirmation email for payment and subscription.   The client exercises his right of withdrawal before the end of the period of 14 days, without having to justify his decision or incurring any expenses, choosing:

  • By any statement indicating its unambiguous intention to waive their subscription (such as for example by sending an e-mail to the Company at [email protected] or by post to The Information Company, 2 square du Roule, 75008, Paris clearly indicating their identity and contact details (last name, first name – postal address/telephone number) and client information;

In the event of the Client exercising their right of withdrawal during the period of 14 days following the acquisition of their subscription, the Client will be refunded in full for the payments paid for the first monthly payment without charge, via the same means of payment as the one used for the initial transaction and these General Terms and Conditions of Sale will be automatically terminated, without any other formality, at the end of the first month of the subscription in accordance with the duration referred to in the specific Contract Terms, at the latest within fourteen days from the date on which they will have been informed of the Client’s decision to withdraw.

The Client acknowledges that exercising their right of withdrawal will result in the automatic termination of their subscription and they will no longer have access to the Paid Services accordingly.
 

11. PROCESSING OF CLAIMS - CUSTOMER SERVICE

For any claim or question related to an Order or a Paid Service and in general, for any conflict or dispute related to the performance of these General Terms and Conditions of Sale, the Client may contact the Company in writing:

  • By sending them an email to the following address: [email protected]
  • By sending them a letter to the following address: 20 Bis rue Louis Philippe, 92200, Neuilly Sur Seine

 

12. PROOF OF THE ORDER

Provision of the bank card number online and/or the use of an Internet- specific payment method such as PayPal and the final validation of the Order are proof of the completeness of said order in accordance with Article 1316 – 1 of the French Civil Code and the sums incurred committed for the supply of the Paid Service as they appear on the Purchase Order will be due and payable.  

This validation shall be deemed to be equivalent to the signature and express acceptance of the banking operations carried out as part of the Paid Services. However, in case of fraudulent use of a bank card or Internet- specific payment method, the client is invited, upon discovery of such use, to contact customer services by calling +33 (0) 1 70 83 74 47.

The computerized registers, kept in the computer systems of the Company and its subcontractors under reasonable conditions of security, will be considered as proof of communications, Orders and payments made between the Client and the Company.  

Preservation of Order Forms and invoices are processed using a reliable and durable system which allows a faithful lasting copy of the original in accordance with Article 1379 of the French Civil Code.
 

13. PERSONAL INFORMATION

When placing an Order, personal information may be collected and processed as described in Article 10 of the General Terms of Use attached to these General Terms and Conditions of Sale.

In accordance with the French Data Protection Act, the User and Client have a right of access, rectification, objection and removal of personal data concerning them, which they can exercise with the “service in charge of the management of requests for the exercise of rights” of the Data Controller/hosting company as defined in Article 2 of the General Terms of Use, which can be reached at the following address [email protected]

The Company guarantees that the Client’s personal data will not be disclosed to any unauthorized third parties, without their permission.

The Company implements all security measures to ensure the protection and security of Users’ data, in particular with respect to unauthorized access by a third party.
 

14. LIMITATIONS OF LIABILITY

The Company strives to ensure the operation and security of the Paid Services as well as the accuracy and updating of the content that is broadcast on them, to the best of their ability.

However, despite the care taken to provide Clients with available and verified information and/or tools, the Company cannot guarantee the accuracy, precision and completeness of the information and Content made available to the Client via the Paid Services, as well as its proper functioning and their comprehensive computer security on a permanent basis.  

The Company cannot be held liable for errors, lack of availability of information and/or the presence of viruses within the Services.

The Company reserves the right, at any time, to modify, temporarily or permanently interrupt all or part of the Paid Services without having to inform the Clients in advance. The Company cannot be held liable for any modification, suspension or interruption of the Paid Services.

The Client acknowledges that it is solely responsible for the use of the Services and any Content, any decision made and any action taken from the Paid Services.

The Client is informed that the Content and Services are issued for information purposes only and in no way take the place of a medical consultation and a clinical examination.

Accordingly, the Client acknowledges that the Company cannot be held liable for any damage, to property or immaterial, direct or indirect, whatever the causes (including the damage that may be caused by the possible spread of viruses, by computer fraud or because of the constraints and limitations of the Internet network) or the consequences of:

  • its access to the Paid Services, their use, the information and the use of the information and contents;
  • the lack of access to the Services, with the exception of direct damages resulting from gross negligence or deliberate tortious intent.

Thus, the Company will not be held liable in the event of lack of access to Services and Content caused by events beyond its control (“case of Force Majeure”), including any act, event, non-completion, omission or accident beyond the control of the Company).

The performance of these General Terms and Conditions of Sale will be suspended for the duration of the case of Force Majeure and the Company will endeavor as far as possible to stop the case of Force Majeure or to find a solution enabling it to fulfill its contractual obligations, despite the case of Force Majeure.
 

15. AMENDMENTS AND TERMINATION

The Company reserves the right to modify these General Terms and Conditions of Sale or the regulations regarding the use of the Paid Services at any time. Each new version of these General Terms and Conditions of Sale will be made available online within the Services. Each User is obliged to regularly consult these General Terms and Conditions of Sale. Continuing to use the Services and the Paid Services after any amendent to the General Terms and Conditions of Sale implies the acceptance of the amendments to the General Terms and Conditions of Sale.

The Company also reserves the right to change the Paid Services and the Content. Technical changes may be made without notice by the Company. In addition, the Company reserves the right to temporarily or permanently suspend access to the Paid Services, without delay or compensation of any kind whatsoever.

As stated in Article 14.1 of the General Terms of Use, each User agrees that the Company immediately terminates their access to their Personal Account, without notice or formal notice or compensation of any kind whatsoever, in the event of a breach of any of the requirements described in these General Terms and Conditions of Sale, the General Terms of UseGeneral Terms of Use, or the legislation in force.

Each User also has the option of termination, which can be exercised in accordance with a notice period of 1 (one) month by sending a letter AR-LR to the Company at the following address: The Information Company, 20 Bis rue Louis Philippe, 92200, Neuilly Sur Seine having specified that all sums due for the duration of the Services defined within the specific Contract Terms will be due notwithstanding the termination which has occurred.

Without limiting the foregoing, are particularly susceptible to forming a termination of the subscription of the client:

  • the suspension of a payment during the subscription or during the performance of the Services,
  • breaches or violations of these General Terms and Conditions of Sale;
  • non-compliance with a legal or regulatory provision in force;
  • an unauthorized connection attempt, fraudulent use of the system or access codes theft;
  • voluntary unsubscription from the Client;
  • repeated communication of inaccurate, incomplete, erroneous or outdated data;
  • a technical malfunction that led to the deactivation of the Client’s registration by mistake.

 

16. APPLICABLE LAW - JURISDICTION

These General Terms and Conditions of Sale are governed by French law.

Foreign cCients expressly accept the application of French law by using the Paid and Content Services.

As a result, clients acknowledge that, in general, any information that is communicated and/or exchanged may not be consistent or relevant outside of France.

In the event of a conflict or dispute between the parties concerning the performance of these General Terms and Conditions of Sale, the Client is informed that he has the opportunity to resort to any alternative method of dispute resolution and, where appropriate, a conventional mediation process in particular by addressing the consumer mediation service available at http://www.economie.gouv.fr/mediation-conso which will make a proposal for conciliation.

The Client is informed that they can only resort to a consumer mediator for the out-of-court dispute resolution against the Company when they can justify having tried, beforehand, to resolve their dispute directly with the Company by a written claim in accordance with the terms set out in Article 12 of these General Terms and Conditions of Sale.

In the absence of an out-of-court settlement, any dispute relating to the Paid Services or in connection with their use will be brought before the French courts, regardless of the Client’s place of residence.
 

17. GENERAL PROVISIONS

The Company may at any time assign to a subsidiary or a successor, whatever the transaction, all or part of the rights and obligations defined in these General Terms and Conditions of Sale.

The Client is not authorized to assign its agreement with the Company.