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
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
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.
3. CONTRACT DOCUMENTS
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.
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.
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.
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.
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
In order to place an Order for Paid Services, the Client is informed that they must:
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:
This last step implies acceptance of the proposed prices and the description of the Paid Services and formalizes the sales contract with the Company.
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:
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:
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
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:
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.
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:
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.