7SWITCH GENERAL CONDITIONS
1. PURPOSE - DURATION - ADHERENCE
Purpose of Present General Conditions
7switch (hereafter "7SWITCH"), société par actions simplifiée [SAS], with a capital 10,000 euros, with headquarters located at 148 rue de l'Université – 75007 Paris, FRANCE, registered in the Paris Trade and Companies Register under number 809 096 712, represented by its president, Mr. Xavier Cazin, who can be reached at +33 (0)1 75 43 72 83 (toll free)
7SWITCH publishes the Internet website http://www.7switch.com (hereafter "Website") whose purpose is:
- the purchase by the Website customer (hereafter "Customer") for opening digital support and services related to its publications (hereafter "Offer")
- the purchase by the Website customer (hereafter "Customer") for opening digital support and services related to its publications (hereafter "Offer")
- the resale by the Customer (hereafter "Reseller") and on behalf of 7SWITCH Internet, publication(s) on digital support and services related to said publications,
- access by the Customer to the files of publications acquired, in any format authorized by 7SWITCH.
The present General Conditions (as hereafter defined) states the purchase and resale conditions of the Offers by the Reseller.
1.1 Duration - Cancellation
The present General Conditions are of unlimited duration.
Consequently, they may be terminated at any time with a one (1) month prior notice by 7SWITCH or the Customer, for no cause, by simple notification.
In the event the Customer violates the General Conditions or commits an infraction punishable by law, 7SWITCH reserves the right to suspend the Customer from access to the Website, effective immediately and without prejudice of its right to demand full compensation of the loss by 7SWITCH.
The suspension shall only have future effects. Despite a suspension for any cause whatsoever, the Customer remains obligated to pay the price of the Offer ordered prior the effective date of suspension.
1.2 Adherence to the Present General Conditions
The Customer states having been informed of the present general conditions (hereafter "General Conditions") and has accepted them without exception or reservation prior to completing the order of an Offer on the Website.
In compliance with Article L. 111-1 of the consumer code, the Customer states having been informed, prior to the completing the order of an Offer, of the essential nature of the services offered on the Website.
Every Website Customer over 16 years old knows they are able to be a contractor with 7SWITCH, cannot be placed under tutorship or curatorship under Titles X, XI, XII of the Civil Code, and cannot be placed under the collective procedures system as provided for in the Commercial Code.
2. GENERAL RIGHTS AND OBLIGATIONS OF THE CUSTOMER
2.1 General pocedures for ordering the Offer
The Offers for sale are described as precisely as possible based on information made available and provided at 7SWITCH.
Should there be doubt as to the nature of an Offer, the Customer may contact 7SWITCH by e-mail.
Contractual information related to ordering the Offer is stated in French or other languages, as necessary.
Among different versions, only the French version applicable at the time the order is placed shall be valid.
The Customer is aware that 7SWITCH reserves the right to refuse or cancel any order for an Offer from a Customer with whom a litigious relationship exists related to payment of a prior order, or if it is not possible to complete the sale resulting from an abusive demand from the Customer, from a presumption of impossibility for the Customer as contractor, or even a display of intent to do harm by the Customer.
7SWITCH reserves the right to refuse an order in the event a typographical error appears that results in posting "vil price" at the very time the Customer placed the order.
While personal information is being registered on the Website, the Customer must be assured that the data provided is precise and exhaustive. The responsibility of 7SWITCH cannot be triggered by an error made by the Customer while registering his/her personal data on the Website.
2.2 Ordering Process
To order a Website Offer, the Customer must first enter their identification information or create an account. If he/she does not have an account on the Website, they must fill in the information on the Website form.
Under the correct Website heading, the Customer must follow the online instructions and fill out a form where the information needed to process the order is given.
After selecting the Offer, verifying the contents of the order, the total cost, correcting any errors, the Customer confirms the order.
This confirmation concludes the sale and accepts the present General Conditions without reservation. From that point, the order for the Offer is registered and 7SWITCH sends the Customer an e-mail confirmation of receipt of the order for the Offer.
Mistakes made in the order that are the fault of the Customer are not reimbursable.
2.3 Order Summary
When the Customer has finalized the order on the Website, an order confirmation is generated and sent to the Customer.
In compliance with Article L.121-18 of the Consumer Code, the order summary generated before payment must contain the following information:
- the telephone numbers where 7SWITCH can be reached, address of corporate headquarters, and the address of the establishment responsible for the offer, if different;
- means of payment, delivery or completion date;
- existence of a return policy and its limitations, or if not applicable, a statement that there are no returns;
- the length of time the offer is valid and its price.
All Customer orders for an Offer that are confirmed by payment merit a smooth transaction, repeated acceptance of the Offer ordered, and of the clauses contained under General Conditions.
2.4 Price - Methods of Payment
The price for the Offers changes based on pricing policies of the publishers and the tax rates set by the competent authorities.
The Offers sold are invoiced at the price in force when the Customer placed the order.
The Customer guarantees 7SWITCH of having the authorization required to use the chosen payment method during order validation.
If paying online, 7SWITCH guarantees the Customer that payment is secure and encrypted by SSL ("Secure Socket Layer") for the protection of all data related to means of payment in the most effective way possible. This process is a system that allows the Customer to pay for their purchases directly on a merchant’s Website without leaving any financial information on the Internet. The Customer can also control his/her purchases by linking with Paypal when paying.
If paying by credit card, the Customer must send 7SWITCH the type of card, the credit card number, the expiration date, and the cryptogram number (3-digit number on the back of the card). Payment by credit card is secured by a system designed for that purpose.
Provisions related to fraudulent use of the credit card and means of payment in the credit card agreement between the Customer and the credit card and between 7SWITCH and its banking establishments apply, under Articles L.133-18 and according to the Monetary and Financial Code.
2.5 Use of the Offer
Once registered, and having successfully paid for the order, the Customer shall have access to the services available on the Website.
The Customer agrees to not exploit possible Website operating flaws. If any are discovered, the Customer shall do all in his/her power to warn 7SWITCH. Unless expressly authorized, and to prevent any bad handling, the Customer is not to allow another person, nor personalized computer program to interact with the Website.
The Customer agrees to behave loyally and respectfully to 7SWITCH and the other Customer members of the Website. The Customer agrees to not use the services from his/her Offer for professional purposes unless the Customer is acting as Reseller.
3. RIGHTS AND DUTIES SPECIFIC TO RESELLERS
3.1 Commitments of the Reseller in the resale process
Registering on the Website as a Reseller, the Customer can resell on behalf of 7SWITCH one or more publications on digital support, along with services related to said publications if needed.
Under the present General Conditions, the Reseller is obligated to keep confidential the information of the client user of the Offer and to not divulge it to any third party.
The Reseller must use the contact information and other data sent by the client user of the Offer only as needed to transact the Offer order and the legal obligations related thereto.
3.2 Methods of Payment to Reseller
The pricing grid for services provided on the Website is as follows: for the sale of an Offer by the Reseller, a qualitative and quantitative payment grid shows how to calculate the annual payment to a Reseller. This grid is freely accessible by the Reseller upon demand.
The Reseller may check on his/her payment status on the Website at any time. The Reseller must inform 7SWITCH by e-mail at the address contact@7switch.fr if they want to receive payment when it has reached 50€. 7SWITCH will then pay the Reseller that amount, preferably into his/her Paypal account, in no less than 30 days. Under Article 289-1-2 of the General Tax Law, the Reseller authorizes 7SWITCH to set invoicing in the name and on behalf of the Reseller. Under these terms, the Reseller authorizes 7SWITCH to set up automatic billing.
Automatic billing is allowed for a group of resale operations performed over twelve (12) months. Automatic billing is set up by law in France. Summary invoices are sent every twelve (12) months, which the latter expressly accepts.
The Reseller agrees to:
- pay the VAT on the invoices set up in their name and on their behalf.
- immediately ask for a duplicate invoice if one has not been received.
- notate any changes in "notes" regarding changes in his/her entity.
3.3 Compliance With the Regulations in Force
The reseller states to have been informed of his/her obligation to comply with the laws and regulations, particularly the general consumer tax code regarding conducting long-distance commercial sales activity.
The Reseller states having been informed of his/her obligation to comply with all the regulations and obligations incumbent on him/her as a professional, with respect to applicable law, specifically but not limited to consumer law, commercial law, social law and fiscal law.
The Reseller exonerates 7SWITCH from any responsibility in that regard.
4. COMPLAINTS – CANCELLATION RIGHTS
4.1 Complaints
Under the provisions of the Consumer Code, for any information or question, 7SWITCH customer service is available by telephone at +33 (0) 1 78 42 28 42 (toll free) and by e-mail at sav@7switch.com or by regular mail at the address at the front of these General Conditions.
7SWITCH cannot be held liable for damages of any sort, material or immaterial, that may result from his/her use of the Offer.
Similarly, 7SWITCH shall not become responsible if the poor execution of the General Conditions is the fault of the Customer, unforeseen and insurmountable of a third party, or due to an Act of God as defined by law and applicable jurisprudence on the date of the General Conditions.
In any assumption, the monetary responsibility of 7SWITCH cannot be set at an amount greater than the Customer's cost to order the Offer. This is an essential and determining conditions for consent by 7SWITCH.
4.2 Renunciation of the Right of Cancellation
The professional Customer knows that he/she has no right of cancellation, the order of the Offer being firm and irrevocable.
Regarding the consumer Customer: under the provisions of Article L.121-21.-8 of the Consumer Code, cancellation rights cannot be exercised if a service has been fully provided before the time period for cancellation has expired. Thus execution begins immediately following prior express agreement by the consumer and express renunciation of cancellation rights.
Moreover, cancellation rights can be exercised for the contract to supply digital content not provided on a support material, execution of which started after express prior agreement by the consumer and express renunciation of his/her cancellation rights.
The Customer has been informed that the Website provides digital content not present on a support material before cancellation rights expire.
Consequently, registration on the Website carries with it express and unreserved agreement by the Customer to renounce their right of cancellation.
The Customer has been informed that the Website provides digital content not present on a support material before cancellation rights expire.
Consequently, registration on the Website carries with it express and unreserved agreement by the Customer to renounce their right of cancellation.
5. FINAL PROVISIONS
5.1 Modifying the Present General Conditions
7SWITCH is able to modify the present General Conditions based on changes in its offer and in the market.
Any modification shall take effect immediately for online Offers with no prior notice to Customers needed. They have been informed that the version of General Conditions affecting them is the one in force on the day of their order.
5.2 Law - Applicable Jurisdiction
These General Conditions are governed by the laws and regulations of the French Republic and expressly accepted by the Customer.
The language of these General Conditions, deemed authoritative by the Parties and before all courts, is the French of Metropolitan France. All notifications, interpretations, executions or disputes related to these General Conditions shall be conducted in French.
Should a dispute between 7SWITCH and the Customer arise over the validity, execution, interpretation of these General Conditions, both Parties are compelled to attempt to resolve their differences amicably.
The more diligent party shall notify his/her co-contractor of the start of the amicable phase by return receipt registered letter. If at the end of sixty (60) business days from notification, 7SWITCH and the Customer have not arrived at an agreement, the dispute shall be submitted for assessment by the competent court in application of French law.
If the Customer is a professional, he/she has been informed that the sole competent court is the Paris Business Tribunal, even if the Customer's headquarters are located outside this court's jurisdiction.
The Customer and 7SWITCH agree to communicate, to sign and deliver all information and documents and to take all actions and make all decisions needed to fulfill orders for Offers, in compliance with the provisions of Article 1134 of the Civil Code, under penalty, for the defaulting party, to accept no liability under these General Conditions.
5.3 Final Provisions
These General Conditions represent the entirety of the agreement between 7SWITCH and the Customer relative to its subject. It cancels and replaces any prior agreement (express or implicit) between them (in any form whatsoever, particularly verbal exchange or exchange of letters, notes or other documents), except for specific conditions.
The Customer expressly consents that in case of a conflict between these General Conditions and any other document entered into by the Customer with a third party or with 7SWITCH, these General Conditions of 7SWITCH will be applied.
If one of the provisions of these General Conditions should be annulled or deprived of all or part of its effects due to a decision or independent event by the will of one of the Parties, this nullification or privation of effect shall not result in nullifying the other stipulations set forth in General Conditions.
The fact for 7SWITCH to not take advantage of a breach by the Customer of any one of the obligations stated in these General Conditions, would be interpreted for the future as renunciation of the obligation for cause.