General Terms and Conditions of Sale and Use
- About us
SOLUTION PARK, a SAS with capital of 8,000 euros, whose registered office is at Parc Innolin - 15 allée des Acacias - Bât C - 1er étage - 33700 MÉRIGNAC, registered in the BORDEAUX Trade and Companies Register under number 844 899 021, represented by Mr CHARLIE DEFRESNE (hereinafter referred to as the "Company"). Company"). The Company offers the following services: marketing of car park management software.
The Company invites its Users to read these General Terms and Conditions of Sale and Use (hereinafter the "Terms and Conditions") carefully. GENERAL TERMS AND CONDITIONS" ). The GCS/GU apply to all Services provided by the Company to its Customers in the same category, regardless of any clauses that may be included in the Customer's documents, in particular its general terms and conditions of purchase.
The GCS/GU are systematically sent to any Customer who requests them.
The Customer is obliged to read the GTC/CGU before placing an Order.
In the event of any subsequent amendment to the GCS/GU, the Customer shall be bound by the version in force at the time the Order was placed.
The data recorded in the Company's computer system constitutes proof of the transactions concluded with the Customer.
" Customer "means any natural or legal person who places an Order on this Website;
" Ordering order" refers to any order placed by a User registered on this Site with a view to benefiting from the Company's Services;
" General Terms and Conditions of Sale and Use "or GENERAL TERMS AND CONDITIONS "These terms and conditions of sale and online use;
" Consumer "means the buyer who is a natural person and is not acting for professional purposes and/or outside his professional activity;
" Professional "means the purchaser, whether a legal entity or an individual, acting in the course of his or her professional activity;
" Services "refers to all the services offered to Users by the Company via this Site;
" Website "refers to this Site, i.e. www.solution-park.com;
" Company "refers to Société SOLUTION PARK, more fully described in Article I hereof; and
" User "refers to any person who uses the Site.
Registration on the Site is open to all legal entities or individuals of full age and with full personality and legal capacity.
The use of the Services offered on the Site is subject to the User's registration on the Site. Registration is free of charge.
To register, the User must fill in all the mandatory fields, without which the service cannot be delivered. Failure to do so will prevent registration from being completed.
Users guarantee and declare on their honour that all the information communicated on the Site, in particular when registering, is accurate and true. They undertake to update their personal information on the page dedicated to this information and available in their account.
All registered Users have a username and password. These are strictly personal and confidential and may under no circumstances be communicated to third parties, failing which the registered User's account will be deleted. Each Registered User is personally responsible for maintaining the confidentiality of his/her login and password. Under no circumstances will the Company be held responsible for the usurpation of a User's identity. If a User suspects fraud at any time, he/she must contact the Company as soon as possible so that the latter can take the necessary measures and rectify the situation.
Each User, whether a legal entity or an individual, may only have one account on the Site.
In the event of non-compliance with the GTC/GU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending Registered User.
Deletion of the account entails the permanent loss of all benefits and services acquired on the Site. However, any Orders placed and invoiced by the Site before the account is deleted will be processed under normal conditions.
In the event of deletion of an account by the Company for failure to comply with the duties and obligations set out in the GTC/GTC, the offending User is formally prohibited from re-registering on the Site directly, via another e-mail address or through an intermediary without the express authorisation of the Company.
- Services and prices
The Services covered by the GCS/GU are those which appear on the Website which are offered directly by the Company or its partner service providers.
The services are described on the corresponding page of the Site and all their essential characteristics are mentioned. The Company cannot be held responsible for the impossibility of carrying out the said service when the User is not eligible.
When a registered User wishes to obtain a service sold by the Company via the Site, the price indicated on the page of the service corresponds to the price in euros excluding tax (HT) and takes into account the applicable discounts in force on the day of the Order. The price indicated does not include ancillary costs, which will be indicated where applicable in the summary before the order is placed.
The Company reserves the right to change its prices at any time. It undertakes to invoice services at the rate applicable at the time they are ordered. For services for which the price cannot be known in advance or indicated with certainty, a detailed quotation will be sent to the Customer.
Under no circumstances may a User demand the application of discounts that were no longer in force on the date of the Order.
Orders can only be placed once the User has registered on the Site. Once logged into their account, Users can add Services to their virtual basket. They can access the summary of their virtual basket in order to confirm the Services they wish to order and complete their Order by pressing the "Order" button.
The Customer must then enter his/her address, the delivery method and a valid payment method in order to finalise the order and effectively form the sales contract between him/her and the Company.
An Order is registered on the Site when the Customer accepts the GTC/GTC by ticking the appropriate box and validates the Order. This validation constitutes proof of the sales contract. Completion of the Order implies acceptance of the prices and terms and conditions of the services as indicated on the Site.
Once an Order has been placed, the Customer will receive confirmation by e-mail. This confirmation will summarise the Order and the information relating to the provision of the service(s).
In the event of non-payment, incorrect address by the Client or any other problem with the Client's account, the Company reserves the right to block the Client's order until the problem is resolved. If it is impossible to carry out the service, the Client will be informed by e-mail to the address provided to the Company. In this case, the order for this service will be cancelled and reimbursed, with the remainder of the order remaining firm and definitive.
The Company may grant the Customer price reductions, discounts and rebates depending on the number of Services ordered or the regularity of the Orders, in accordance with the conditions set by the Company.
- Payment terms and conditions
Unless otherwise stipulated, all sales are paid for in cash when the Order is placed.
Depending on the nature or value of the Order, the Company remains free to require a deposit or payment of the full price when the Order is placed or when the invoice is received.
Payment can be made by :
Cheque Bank transfer Credit card
In the event of total or partial non-payment of the services by the date agreed on the invoice, the Professional Customer shall pay the Company a late payment penalty at the rate applied by the European Central Bank for its refinancing operation. The financing operation used is the most recent at the date of the Service Order.
In addition to the late payment penalties, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a fixed penalty of 40 euros to cover collection costs.
In the event of non-payment of all or part of the services by the date agreed on the invoice, the Consumer Client shall pay the Company a late payment penalty at a rate equal to the legal interest rate.
The Customer may not offset penalties for late delivery of services ordered against sums owed by the Customer to the Company for the purchase of Services offered on the Site.
The penalty payable by the Customer, whether Professional or Consumer, is calculated on the amount, inclusive of all taxes, of the remaining sum due, and runs from the due date of the price without the need for any prior formal notice.
In the event of non-compliance with the payment conditions described above, the Company reserves the right to cancel or suspend the sale.
- Performance of services
The services ordered on the Site will be provided by :
SAS Solution Park (SIRET 844 899 021 00019).
The Company undertakes to use all its human and material resources to provide the service within the timescale announced when the Order was placed. However, the Company may under no circumstances be held liable for delays in the performance of the service caused by faults for which it is not responsible.
If the services have not been provided within the stipulated period, the Customer may request the cancellation of the sale under the conditions set out in articles L216-2 and L216-3 of the French Consumer Code. The sums paid by the Customer will be refunded no later than fourteen days following the date of cancellation of the contract. This provision does not apply when the Company's delay is due to a fault on the part of the Client or to a case of force majeure, i.e. the occurrence of an unforeseeable, irresistible event beyond the Company's control.
In the event that the performance of a physical service could not be carried out or was postponed due to an error in the address indicated by the Client, the travel expenses of the service provider appointed by the Company to carry out the unsuccessful service will be borne by the Client.
For all Orders placed on this Site, the Customer has the right to make a complaint within 30 days of the Service being provided.
To exercise this right of complaint, the Customer must send the Company, at the address Parc Innolin - 15 allée des Acacias - Bât C - 1er étage - 33700 MÉRIGNAC, a statement in which he expresses his reservations and complaints, together with the relevant supporting documents.
A claim that does not comply with the conditions described above will not be accepted.
After examining the complaint, the Site may, where appropriate, replace or reimburse the Services as quickly as possible and at its own expense.
- Consumer's right of withdrawal
The Consumer has a right of withdrawal of 14 days from placing the Order, except for the products mentioned in article L221-28 of the Consumer Code as reproduced below:
"The right of withdrawal cannot be exercised for contracts :
1° The supply of services which are fully performed before the end of the withdrawal period and where performance has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal;2° The supply of goods or services whose price depends on fluctuations on the financial market that are not under the control of the trader and likely to occur during the withdrawal period;
3° The supply of goods made to the consumer's specifications or clearly personalised;4° The supply of goods liable to deteriorate or expire rapidly;
5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
7° The supply of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limits of the spare parts and work strictly necessary to respond to the emergency;
9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction ;
12° Accommodation services, other than residential accommodation, transport of goods, car hire, catering or leisure activities that must be provided on a specific date or during a specific period;
13° The supply of digital content not provided on a tangible medium, performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.
To exercise this right of withdrawal, the Consumer must send a declaration of withdrawal to the address 33 rue Montmejean (33100) Bordeaux.
He/she will be reimbursed for all the fees paid for the provision of services within 14 days of the Company becoming aware of his/her declaration of withdrawal. The refund will be made by the same means of payment as that used for the purchase.
However, if the service has already begun on the date on which the Company becomes aware of the withdrawal, the value corresponding to the service already provided will be deducted from the refund. The refund will be made by the same means of payment as for the purchase.
- Processing of personal data
Registration on the Site entails the processing of the Customer's personal data. If the Customer refuses the processing of his/her data, he/she is asked to refrain from using the Site.
This processing of personal data is carried out in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016.
In addition, in accordance with the French Data Protection Act of 6 January 1978, the Customer has the right, at any time, to query, access, rectify, modify and oppose all of his/her personal data by writing, by post and providing proof of his/her identity, to the following address: 27 Ch. des Greses, Laverdarié (81100 ) CASTRES .
This personal data is required to process the Customer's Order and, where applicable, to issue invoices, as well as to improve the functionality of the Site.
- Sharing collected data
The Site may use third-party companies to carry out certain operations. By browsing the Site, Customers accept that third-party companies may have access to their data to enable the Site to function properly.
These third-party companies only have access to the data collected in order to carry out a specific task.
The Site remains responsible for processing this data.
In addition, the User may receive information or commercial offers from the Company or its partners.
The User may at any time object to receiving these commercial offers by writing to the Company's address given above, or by clicking on the link provided for this purpose in the e-mails received.
In addition, Customer information may be passed on to third parties without the Customer's express prior consent for the following purposes:
comply with the law protect any person from serious bodily harm or even death combat fraud or attacks on the Company or its users protect the Company's property rights.
- Data protection
The Company ensures a level of security that is appropriate and proportionate to the risks incurred and their likelihood, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
However, these measures in no way constitute a guarantee and do not commit the Company to any obligation of result with regard to data security.
To enable its Users to benefit from optimal browsing on the Site and improved operation of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie stores information relating to browsing on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorises the Company to place a file known as a "cookie" on the User's hard drive. The User has the option of blocking, modifying the storage period or deleting this cookie via his/her browser interface. If the systematic deactivation of cookies on the User's browser prevents him/her from using certain services or functionalities of the Site, this malfunctioning shall under no circumstances constitute damage for the member, who shall not be entitled to claim any compensation as a result.
The Company reserves the right to modify the Site, the services offered on it, the GTC/GTC and any delivery procedure or other component of the services provided by the Company via the Site.
When placing an Order, the User is subject to the stipulations set out in the GCS/GU in force at the time the Order is placed.
The Company cannot under any circumstances be held responsible for the unavailability, whether temporary or permanent, of the Website and, although it makes every effort to ensure that the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, on a voluntary basis, to make the Website unavailable in order to carry out any updating, improvement or maintenance operation.
As previously mentioned herein, the Company may under no circumstances be held liable for delays in the provision of a service for reasons that are beyond its control, beyond its control, unforeseeable and irresistible or for which it cannot be held responsible.
- Intellectual property
The trademark, logo and graphic charter of this Site are registered with the INPI and are works protected under intellectual property law, the property of which belongs exclusively to the Company. Any dissemination, use, representation or reproduction, whether in whole or in part, without the express authorisation of the aforementioned company will expose the offender to civil and criminal proceedings.
- Jurisdiction clause
The law governing the GCS/GUU is French law. Any dispute that may arise between the Company and a User in the performance of these Terms and Conditions shall be subject to an attempt at amicable resolution. Failing this, any disputes will be referred to the competent ordinary courts.
The Customer is hereby informed that he may have recourse to conventional mediation, with the Commission de la Médiation de la Consommation (Consumer Mediation Commission) provided for in Article L534-7 of the French Consumer Code, or with existing sectoral mediation bodies. They may also use any alternative dispute resolution method in the event of a dispute.
- Pre-contractual information
Prior to placing their Order, Customers acknowledge that they have been provided, in a legible and comprehensible manner, with the GCS/GUI and the information and details specified in articles L111-1 to L111-7 of the French Consumer Code, and in particular :
the essential characteristics of the Services; the price of the Services; the date or deadline by which the Company undertakes to provide the Service; information relating to the identity of the Company (postal, telephone and electronic contact details); information relating to the legal and contractual guarantees and the procedures for implementing them; the possibility of resorting to conventional mediation in the event of a dispute; information relating to the right of withdrawal (deadline, procedures for exercising it).
Placing an Order on the Site implies acceptance of the GCS/GUU. The Customer may not rely on a contradictory document.
Parc Innolin - 15 allée des Acacias - Bât C - 1st floor - 33700 MÉRIGNAC
- Sponsor a car park
In the case of a car park sponsorship, the sponsored car park must remain a Solution Park customer for at least 3 months to validate the sponsorship.
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions of Sale have been drafted by a specialist lawyer and are protected by copyright. Please do not copy them, otherwise you may be prosecuted for copyright infringement.