For any questions relating to these General Terms and Conditions of Sale, please contact us via the Contact Form.
I – PURPOSE
These General Terms and Conditions of Sale are intended to define the terms and conditions under which:
– Users can access content in addition to that provided free of charge on the CookiClub.app website (hereinafter the “Paid Content Purchase Service”);
– Business users can subscribe to services designed to increase their company’s visibility on the CookiClub.app website.
The Paid Content Purchase Services (hereinafter collectively referred to as the “Paid Services”) of the CookiClub.app website (hereinafter referred to as the “Site”) are provided by the French company 2KOM France (hereinafter referred to as “2KOM France“).
Registered office: 6, Rue des Corsaires – 34300 AGDE (France)
These General Terms and Conditions of Sale constitute the offer to contract proposed by CookiClub.app. Upon your acceptance, they constitute the agreement concluded between you and CookiClub.app, which you irrevocably accept without reservation.
II – TRANSACTION METHODS
A – Transaction Execution
Before completing any transaction, you must fill out the form provided by CookiClub.app. You agree to provide a valid email address, to only provide accurate and up-to-date information, and irrevocably and without reservation accept that CookiClub.app cannot be held liable for any direct or indirect damage resulting from the provision of incorrect or outdated information when completing your transaction.
Once the transaction is completed, a confirmation email summarizing the details of the transaction and including these General Terms and Conditions of Sale will be sent to the email address you provided.
CookiClub.app retains the date of the click that signifies your consent to the transaction and acceptance of these General Terms and Conditions of Sale, as well as proof of sending the confirmation email. The date of the click constitutes – by mutual agreement – the definitive date of conclusion of the contract between you and CookiClub.app, which you irrevocably and unconditionally accept.
As soon as the contract is formed, the Paid Content and/or Services will be directly accessible on the Site.
B – Right of Withdrawal
Consumers have a right of withdrawal when ordering goods or services remotely.
Within the framework of the Content Purchase Service and/or Paid Services, the right of withdrawal must be exercised within 14 (fourteen) days and allows for a refund of the transactions carried out. This 14 (fourteen) day period begins from the date of conclusion of the contract between you and CookiClub.app (see II.A. above).
However, in accordance with Article L221-28 13° of the Consumer Code, this right of withdrawal is not available to consumers when the supply of digital content not supplied on a tangible medium has begun with their agreement before the end of the aforementioned 14 (fourteen) day period and when they have expressly waived their right of withdrawal.
Given the nature of the Paid Content and/or Services, the terms of their delivery, and your ability to use or print them immediately upon delivery, you understand that it is not possible to request immediate access to the Paid Content and/or Services without also waiving your right of withdrawal related to their purchase.
Therefore, to access the Paid Content and/or Services immediately, you must expressly waive your right of withdrawal.
You therefore acknowledge that you have read and accepted the contracts. You also acknowledge that CookiClub.app will proceed with the immediate execution of the service upon validation of your order, and as such, you expressly waive your right of withdrawal in accordance with the provisions of Article L221-28 1° of the French Consumer Code.
C – Use of Services
CookiClub.app are described on the Features & Pricing page.
All free and paid Services offered on CookiClub.app are described on the Features & Pricing page.
Content Purchase Service and/or Paid Services:
The Content Purchase Service and/or Paid Services is accessible directly online 24/7. All fields marked with an asterisk must be completed.
Following the completion of the transaction and the user’s acceptance of these General Terms and Conditions of Sale, a transaction confirmation email containing the following information will be sent to the user:
. The contact details of the company 2KOM France;
. The total amount of the transaction, including all taxes;
. The date of the transaction;
. The list of available Paid Services;
. The duration of access to the selected Paid Services;
– Where applicable, a hyperlink and/or code allowing access to the Paid Services selected by the user;
. These General Terms and Conditions of Sale previously accepted by the user.
– Provision of Paid Services:
Paid Services are accessible immediately upon completion of the transaction and for the duration selected by the user during the ordering process, without any additional payment beyond the initial one.
The end date for the availability of Paid Services is calculated from the date of the transaction.
User Commitments for Paid Services:
By using the Paid Services, the user declares and warrants:
– that they are authorized and have the power to submit and distribute on the CookiClub.app website the information provided during the creation and distribution of their Paid Content;
– that they are acting for purposes related to their commercial, industrial, craft, or professional activity and therefore do not have a right of withdrawal.
In general, Paid Content must not contain any element that is:
– false, unfounded, or pursues an illegitimate objective;
– denigrating, defamatory, insulting, or misleading;
– contrary to public order and morality;
– racist, xenophobic, revisionist, or sexist;
– inciting discrimination or hatred against a person or group of persons, particularly on the grounds of their origin or their membership or non-membership of a particular ethnic group, nation, sex, race, or religion;
– threatening a person or group of persons;
– of a pedophilic nature;
– constituting false news;
– inciting the commission of an offense, crime, or act of terrorism, or glorifying war crimes or crimes against humanity;
– inciting suicide;
– enabling third parties to directly or indirectly obtain pirated software or content, software serial numbers, software enabling hacking and intrusion into computer and telecommunications systems, viruses and other logic bombs, and, in general, any software or other tool that infringes upon the rights of others and the safety of persons and property;
– Infringing on a person’s image rights or privacy;
– Infringing on a person’s presumption of innocence;
– Infringing on the confidentiality of private correspondence;
– Infringing on intellectual property rights (copyright, trademark rights, database producer rights, etc.);
– In general, violating any applicable regulations.
Removal of Paid Content by CookiClub.app after publication:
Generally, and despite the fact that CookiClub.app does not exercise overall control over the content of posts, advertisements, and blog articles before and after publication, CookiClub.app may conduct random checks of Paid Content and reserves the right to remove any content that does not comply with the requirements defined in these General Terms and Conditions of Sale. CookiClub.app will notify the user of the removal of this content by sending an email. No refunds will be issued in this case, which the user accepts without reservation and irrevocably.
Interruption of Paid Services by CookiClub.app
Similarly, in the event of any violation of these General Terms and Conditions of Sale, or if it is determined that the service offered by the user does not correspond to any actual service offering, CookiClub.app will have the sole discretion to decide to discontinue the provision of the Paid Services without the user being able to hold CookiClub.app liable in any way, which the user expressly and unreservedly accepts. Likewise, no refunds will be issued in this case, which the user accepts without reservation and irrevocably.
III – PAYMENT
A – Price Validity Period
Our offers, as well as their corresponding prices, are valid as long as they are displayed on the Site.
B – Prices
The prices of the Services are indicated in euros, inclusive of all taxes. All orders, regardless of origin, are payable in euros.
CookiClub.app reserves the right to modify its prices at any time.
These new offers and/or rates will not modify the financial terms accepted by the user for the duration of the contract between you and CookiClub.app. Upon termination of the contract with CookiClub.app, the new offers and/or rates will apply to the user, which they irrevocably accept without reservation.
C – Payment Method
Payment for the Services is made online by credit card or PayPal account.
The quoted price must be paid by credit card or PayPal account according to the payment procedure described during the transaction process. No other payment methods will be accepted.
D – Payment Security
The pages related to payment for the Paid Content Purchase Service are secured.
An SSL encryption process, a commonly accepted standard for the security and confidentiality of electronic payments, is used for payments.
However, by agreeing to pay online, the user acknowledges the risks inherent in this type of procedure and waives any claim and/or recourse of any kind against CookiClub.app in the event of interception and/or use of their bank details by a third party without their knowledge and/or consent.
The user may also report any payment issues they become aware of while using the Service via the Contact Form.
The data recorded by CookiClub.app constitutes proof of all transactions concluded with CookiClub.app, which the user irrevocably accepts without reservation.
The data recorded by the CookiClub.app payment system constitutes proof of transactions concluded with CookiClub.app, which the user irrevocably accepts without reservation.
IV – CUSTOMER SERVICE
For any information or complaints of any kind, our Customer Service is available to users via the Contact Form.
V – MUTUAL OBLIGATIONS OF THE PARTIES
CookiClub.app makes every effort to provide the Paid Services 24 hours a day, 7 days a week. However, given the characteristics and limitations of the Internet, the user acknowledges and accepts that CookiClub.app is not bound by any obligation of result regarding the accessibility of the Site and the Paid Services and irrevocably and unconditionally accepts that CookiClub.app shall not be held liable for any direct or indirect damages arising from any interruption of the Site.
Furthermore, CookiClub.app reserves the right to suspend, interrupt, or limit, without prior notice, access to all or part of the Site and the Paid Services, particularly for maintenance and upgrades necessary for the proper functioning of the Site and related equipment, or for any other reason, which the user irrevocably and unconditionally accepts.
Therefore, it is the user’s sole responsibility to take all necessary measures to ensure that the technical specifications of their computer or any other device allow them to access, view, and download content authorized under these Terms and Conditions within the framework of the Content Purchase Service and/or Paid Services, which they accept without reservation.
Should CookiClub.app be forced, for any reason whatsoever, to permanently discontinue the Service, the user will be notified by email as soon as possible.
CookiClub.app shall not be liable for any direct or indirect damages directly or indirectly related to the information contained in the Paid Content, which you irrevocably and unconditionally accept.
The user represents and warrants to CookiClub.app that they are legally capable and have the authority to enter into these General Terms and Conditions of Sale.
The user agrees to use the Paid Services in strict accordance with these General Terms and Conditions of Sale.
VI – PROTECTION OF PERSONAL DATA
A – Purpose and objective of the processing carried out by CookiClub.app
The personal data concerning the user, collected and processed by CookiClub.app, will only be used for transaction and communication purposes, as well as for the provision of Paid Services. With the user’s consent, this data may also be used by CookiClub.app to inform them by email about products and services offered by CookiClub.app that may be of interest to them.
B – Confidentiality and Right of Access to Your Personal Data
CookiClub.app is committed to not disclosing to third parties the information that Site users provide.
In accordance with the French Data Protection Act of 6 January 1978, users have the right to access, modify, rectify, and delete their personal data. Therefore, they may request that CookiClub.app provide them with this personal information, delete it, or correct it. To do so, they simply need to contact CookiClub.app via the Contact Form.
For further information on the protection of personal data, we invite users to consult the website of the French Data Protection Authority (CNIL) at the following address: www.cnil.fr.
VII – INTELLECTUAL PROPERTY
CookiClub.app owns all intellectual property rights relating to the Site (including, but not limited to: trademarks, copyrights, software elements, texts, databases, etc.).
With regard to the Paid Content Purchase Service, CookiClub.app grants users, on a non-exclusive basis, a right to use, reproduce – by downloading or printing – and display the Paid Content on their device, solely for the purposes described herein. This right is personal, reserved for the user’s exclusive and strictly private use. It is not transferable. Under no circumstances may the user disseminate the Site’s content by any means whatsoever.
VIII – GENERAL PROVISIONS
A – Termination
CookiClub.app reserves the right to suspend and/or terminate immediately, automatically and without further notice, any use of the Paid Services in the event of a breach of these General Terms and Conditions of Sale. The user will be notified of the suspension or termination by email, without prejudice to any other damages.
B – Applicable Law – Severability of Contract Clauses
These General Terms and Conditions of Sale are governed by French law, which the user irrevocably accepts without reservation.
If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to any law, regulation, or final decision of a competent court, the other provisions shall remain in full force and effect.
The parties agree to replace the clause declared null and void with a clause that most closely approximates, in terms of its content and economic balance, the originally agreed-upon clause.
Any dispute relating to the performance and interpretation of these General Terms and Conditions of Sale shall be subject to the exclusive jurisdiction of the French courts.
Any dispute relating to the Content Purchase Service and/or Paid Services shall be subject to the exclusive jurisdiction of the competent courts within the jurisdiction of the Court of Appeal of Montpellier (France).
Any dispute relating to the Content Purchase Service and/or Paid Services may be subject to conventional mediation or any other alternative dispute resolution method.
C – Entire Agreement
These General Terms and Conditions of Sale constitute the entire agreement between the user and CookiClub.app with respect to their subject matter as defined in Article I.
CookiClub.app encourages the user to keep a printed copy of these General Terms and Conditions of Sale, the completed transaction form, and the confirmation email sent by CookiClub.app.