Article 1: Object and definition of terms
The general conditions of sale (hereinafter referred to as GCS) will come to define the rights and obligations between the parties resulting from the online sale of the additional modules offered by the mobile application, tablet and web version of OZénie to the user (here -named customer) whether via mobile applications, tablet or via the Ozenie.fr website
Additional modules designate all the products and services offered by OZENIE SAS for sale via its mobile, tablet, windows and OZénie website applications.
Our general conditions of sale are applicable from the day of their publication. When you validate your order, this implies de facto acceptance of the GCS. No special conditions can be applied unless there is a formal written agreement from OZENIE SAS.
The legal minimum age to purchase add-ons is 18, but it is possible that someone over 18 can purchase on behalf of someone under 18 year. To do this, it will be necessary to specify the identity of the account user when creating the account on the mobile, tablet, windows applications or on the website.
A minor is authorized to create a user account but in the case of a minor under the age of 15, authorization from the holders of parental authority will be requested.
Aarticle 2: Additional modules
Article 2.1: Description of additional modules
The OZénie applications and website offer users additional modules.
These additional modules allow users to personalize their user experience and to access additional services than those offered by the free base.
OZENIE SAS reserves the right to modify and improve the additional modules. The company OZENIE SAS undertakes that these changes will not impact the price during the subscription period to these modules and the alteration of the quality or the substantial modification of the functionalities. OZENIE SAS also reserves the right, without notice or compensation, to be able to temporarily suspend access to the additional modules to ensure maintenance or for the continuity of services. This kind of interruption will be notified 24 hours before their arrival unless there is an emergency.
OZENIE SAS also reserves the right, without compensation, to put a definitive end to subscriptions when the user violates the general usage policy. Any final stoppage will be notified to the user at least one month before this stoppage and the latter will no longer be liable for any payment if the chosen formula is monthly payment, if the user has chosen payment in one go for a one year, it will be reimbursed pro rata temporis from the effective date of termination.
Article 2.2: The durations of additional modules
The mobile application, tablet, windows and the website offer the possibility of subscribing to additional modules. There are two types of formulas.
The first formula is the “monthly”. The add-on takes effect upon confirmation of payment and has a duration of one month.
The second formula is the “annual”. The add-on takes effect upon confirmation of payment and has a duration of one year.
The additional paid modules are for a fixed term renewable by tacit agreement. The duration of each additional module is indicated on the Ozenie.fr website.
Unless terminated under the conditions of article 2.3, the subscription will therefore be tacitly renewed for a period which will be identical to that subscribed. In the case of a tacit renewal, the price applied will be that in force at the time of this renewal.
In accordance with the provisions of Article L215-4 of the Consumer Code relating to service provision contracts concluded for a fixed term with a tacit renewal clause, but also Articles L215-1 to L215-3, and finally the article L241-3 of the consumer code.
These articles are reproduced in full here:
Article L215-1 of the Consumer Code: For service provision contracts concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by personal letter or dedicated e-mail, at most sooner than three months and at the latest one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renewing the contract that he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in a visible box, the deadline for non-renewal.
When this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge, at any time from the date of renewal.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, are in this case reimbursed within thirty days from the date of termination. , minus the sums corresponding, up to this point, to the execution of the contract.
The provisions of this article apply without prejudice to those which legally subject certain contracts to specific rules with regard to consumer information.
- Article L215-2 of the Consumer Code: The provisions of this chapter do not apply to operators of drinking water and sanitation services.
- Article L215-3 of the Consumer Code: The provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals.
- Article L215-4 of the Consumer Code: The provisions of Articles L215-1 to L215-3 and L241-3 are fully reproduced in the service contracts to which they apply .
- Article L241-3 of the Consumer Code: When the professional has not made the refund under the conditions provided for in Article L. 215-1, the sums due are productive of interest at the legal rate.
Article 2.3: Termination of an add-on
User can terminate paid add-ons at any time. To do so, the user must notify it by email or registered mail to the following addresses:
Address: 29 Avenue de la mer, 97 434, Saint Gilles les Bains
The add-on will effectively terminate at the end of the subscription term. At the end of the month for the monthly subscription, at the end of the year for the annual subscription.
Article 3: Price and terms of payment
The prices of the applicable additional modules are those displayed on the applications and the website at the time of payment validation.
All price changes apply in the case of tacit renewal as stated above.
During the validation of the payment the price to be paid is announced in price all taxes included (TTC) and not in price excluding taxes (HT).
The so-called telecommunications costs inherent in accessing the website or the mobile and tablet applications remain the sole responsibility of the customer. The payment of the price by the user is made using the following means on the site: bank card (credit card, visa, Eurocard / Mastercard).
When the user communicates to the application or the website his bank details, these will not be kept by the application or the website. The bank details may nevertheless be kept by a secure online payment service provider, independent of the company OZENIE under the conditions specified by the latter.
Payment is subject to full settlement at the time of payment validation. The transaction will be immediately debited from the customer’s bank card after verification of its data and receipt of the debit authorization from the mobile application issuing the bank card used by the user.
In accordance with the provisions of Article L133-8 of the Monetary and Financial Code, the commitment of the price paid by means of a payment card is irrevocable.
OZENIE SAS implements all means to ensure the confidentiality but also the security of the data that the user transmits.
Article 4: The right of withdrawal
According to the provisions of Article L221-28 of the Consumer Code, the right of withdrawal cannot be invoked by the user when it comes to digital content not provided on a material medium and whose execution has begun after agreement prior express consent of the consumer.
Within the framework of our additional modules, the user cannot therefore invoke the right of withdrawal. Therefore, no request relating to a withdrawal, cancellation, or reimbursement will be admissible for the period subscribed.
Article 5: Guarantees and responsibilities
The mobile application is subject to the conditions of legal guarantees provided for in articles:
- L217-3 of the consumer code
- L217-5 of the consumer code
- L217-12 of the consumer code
- L211-1 of the consumer code
The additional modules and the free base must be used according to the indications given in the general conditions of use.
The user is informed that the constraints and limits imposed by the internet and mobile internet networks are not the responsibility of the company OZENIE. The latter cannot be held responsible in the event of a malfunction in access to additional modules and the free database. Nor can it be held liable in the event of a slowdown in the opening of pages, temporary or permanent inaccessibility to additional modules due to the fraudulent use by third parties of the information made available on the website.
The user must take the necessary measures to protect his computer equipment. OZENIE cannot be held responsible for any malfunction or deterioration of the user’s equipment.
OZENIE cannot also be held responsible in the event that the additional modules offered are not compatible with the user’s computer equipment.
The user is considered solely responsible for the use he makes of the additional modules and cannot hold OZENIE SAS responsible for any complaint or procedure against him in this regard.
The user also agrees to be personally responsible for any complaint, claim, or opposition and generally for any procedure made against the mobile application, tablet, windows and website from a third party which would be linked to its use of the subscriptions.
Article 6: Intellectual property rights
The mobile applications, tablet, windows and the OZénie website, as a whole as well as each of the elements that compose them are, unless otherwise specified, the exclusive property of the company OZENIE SAS. OZENIE SAS is therefore the only company able to exercise the related intellectual property rights.
Any reproduction, alteration of all or part of the applications or the website, whether for personal and private (non-commercial) use, is prohibited.
Violation of the provisions concerning intellectual property rights is punishable in accordance with the intellectual property codes and penal code under copyright infringement and trademark law, but also the civil code in terms of civil liability.
In the event that the mobile application, tablet or website should infringe the intellectual property rights of third parties, the company OZENIE SAS undertakes to withdraw its publication after having been informed of the infringement, the subject of the dispute.
Article 7: Force majeure
The execution of the applications and the website and their obligations under the terms of the GCS may be suspended in the event of a fortuitous event or force majeure which would hinder or delay the execution.
The company OZENIE SAS ensures to prevent as soon as possible the occurrence of a fortuitous event.
When the suspension of the execution of the obligations of the application, website lasts a period of more than 30 days, the user has the possibility of canceling the order in progress, he will thus be reimbursed within 30 days of the termination date. Reimbursement will be made to the credit card used during payment.
Article 8: Nullity of a clause
The provisions of these GCS are each independent, the invalidity of one of them does not entail the invalidity of the other provisions.
Article 9: Modification of the GCS
OZENIE SAS reserves the right to modify its GCS. This change is then applicable to any new order. Changes without influences on add-ons ordered during subscription will not take effect for users who have already made the purchase.
The user will be notified of any change, deletion, addition of GCS at the latest one month before the end of his complementary module by email. The user will therefore have the possibility of terminating his complementary module according to the conditions of article 2.3.
The renewal of the additional module implies acceptance for the user of the new GCS and its modifications.
Article 10: Applicable law and jurisdiction
The present T&Cs are subject to French law. Any dispute resulting from the formation, interpretation, execution of the GCS will be the exclusive jurisdiction of the courts of Toulouse (France).
Without prejudice to your right if you are a user, consumer, you can initiate proceedings before the competent courts of another city, in accordance with the laws defining consumer rights.