CGV - CGU of the Solution Park website

These documents have been drafted by a specialist lawyer and are protected by copyright. Please do not copy them, otherwise you will be prosecuted for copyright infringement.

Terms and Conditions of Sale and Use

About us

SOLUTION PARK, SAS, with capital of 8,000 euros, headquartered in Mérignac (33700), registered in the BORDEAUX Trade and Companies Register under number 84489902100027 represented by Mr. CHARLIE DEFRESNE (hereinafter the "Company"). Company"). The Company offers the following services: marketing of parking management software.

Preamble

The Company invites its Users to carefully read the present Terms and Conditions of Sale and Use (hereinafter the "Terms and Conditions"). CGV/CGU" ). The CGV/CGU 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/CGU are systematically communicated to the customer on request.

It is the Customer's responsibility to read the GCS/CGU before placing an Order.

In the event of subsequent modification of the GCS/GU, the Customer is subject to the version in force at the time of his Order.

The data recorded in the Company's computer system constitutes proof of the transactions concluded with the Customer.

Definitions

" Customer "means any natural or legal person who places an Order on this Internet Site;

" Control "means any order placed by the User registered on this Site, with a view to benefiting from the Company's Services;

" Terms and Conditions of Sale and Use "or " CGV/CGU "These terms and conditions of online sale and use;

" Consumer "means the buyer who is a natural person and who 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 services offered to Users by the Company through 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 "means any person who uses the Site.

Registration

Registration on the Site is open to all legal entities and individuals of full age 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 complete all mandatory fields, without which the service cannot be delivered. Otherwise, registration cannot be completed.

Users guarantee and declare on their honour that all 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 such information and available in their account.

All registered Users have a login 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. The Company shall under no circumstances 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 to 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 GCS/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.

Account deletion entails the definitive loss of all benefits and services acquired on the Site. However, any Orders placed and invoiced by the Site prior to account deletion will be processed under normal conditions.

In the event of deletion of an account by the Company for breach of 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 authorization of the Company.

Services and prices

The Services covered by the GCS/UGS are those listed 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 said service when the User is not eligible.

When a registered User wishes to obtain a service sold by the Company through the Site, the price indicated on the page of the service corresponds to the price in euros excluding taxes (HT) and takes into account 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 modify 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 a priori nor indicated with certainty, a detailed quotation will be sent to the Customer.

Under no circumstances may a User demand the application of discounts that are no longer in effect on the date of the Order.

Controls

Orders can only be placed once the User has registered on the Site. Once logged in to their account, Users can add Services to their virtual basket. He can access the summary of his virtual basket in order to confirm the Services he wishes to order and complete his Order by pressing the "Order" button.

The customer must then enter his address, the delivery method and a valid payment method in order to finalize the order and effectively form the sales contract between him and the Company.

The registration of an Order on the Site is completed when the Customer accepts the GCS/GUA 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 services as indicated on the Site.

Once the Order has been placed, the Customer will receive confirmation by e-mail. This confirmation will summarize the Order and the information relating to the provision of the service(s).

In the event of non-payment, incorrect address or any other problem with the Customer's account, the Company reserves the right to block the Customer's order until the problem has been resolved. If it is impossible to carry out the service, the Customer will be informed by e-mail to the address provided to the Company. In this case, the order for the 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 Orders, in accordance with the conditions set by the Company.

Payment terms and conditions

Unless otherwise stipulated, all sales are payable in cash at the time the Order is placed.

Depending on the nature or amount 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 services by the date agreed on the invoice, the Professional Customer shall pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation. The financing operation selected is the most recent at the date of the Service Order.

In addition to 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 due for collection costs.

In the event of total or partial non-payment of services by the date agreed on the invoice, the Consumer Customer shall pay the Company a late payment penalty equal to the legal interest rate.

No compensation may be made by the Customer between penalties for delay in the supply of services ordered and sums owed by the Customer to the Company for the purchase of Services offered on the Site.

The penalty due by the Customer, whether Professional or Consumer, is calculated on the amount of the remaining sum due, inclusive of all taxes, 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 Company undertakes to use all its human and material resources to carry out the service within the deadlines announced when the Order was placed. However, the Company shall not be held liable for any delays in the performance of services caused by faults for which it is not responsible.

If the services have not been provided within the stipulated period, the Customer may request 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 returned to him at the latest within fourteen days of 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 Customer 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 could be postponed due to an error in the address indicated by the Customer, the travel expenses of the service provider appointed by the Company to carry out the unsuccessful service will be borne by the Customer.

Claim

For all Orders placed on this Site, the Customer has a right of complaint of 30 days from the date of delivery of the Service.

To exercise this right of complaint, the Customer must send the Company 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 cannot be accepted.

After examining the complaint, the Site may replace or reimburse the Services as soon as possible and at its own expense.

Consumer's right of withdrawal

The Consumer has a right of retraction of 14 days from the placing of the Order, except for products mentioned in article L221-28 of the French Consumer Code as reproduced below:

"The right of withdrawal cannot be exercised for contracts :

1° Supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's express prior agreement and express waiver of his right of withdrawal;2° The supply of goods or services whose price depends on fluctuations on the financial market that are not to the control of the professional and likely to occur during the withdrawal period;

3° Supply of goods made to the consumer's specifications or clearly personalized;4° Supply of goods liable to deteriorate or expire rapidly;

5° 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 whose delivery is deferred beyond thirty days and whose value 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 limit of spare parts and work strictly necessary to respond to the emergency;

9° 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, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or at a specific time;

13° The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of 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.

The customer will be reimbursed for all fees paid for the provision of services within 14 days of the Company becoming aware of the customer's declaration of withdrawal. Reimbursement will be made by the same means of payment used for purchase.

However, if the service has already begun when the Company becomes aware of the withdrawal, the value of 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.

Personal data processing

Registration on the Site entails the processing of the Customer's personal data. If the Customer does not agree to the processing of his/her data, he/she is asked to refrain from using the Site.

This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.

In addition, in accordance with the French Data Protection Act of January 6, 1978, customers have the right to query, access, rectify, modify and oppose all their personal data at any time, by writing to us and providing proof of their identity.

This personal data is required to process the Customer's Order and, where applicable, to issue invoices, as well as to improve the Site's functionalities.

Sharing collected data

The Site may use third-party companies to carry out certain operations. By browsing the Site, the Customer accepts that third-party companies may have access to his/her data in order to ensure the proper operation of the Site.

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 such commercial offers, by writing to the Company's address given above, or by clicking on the link provided for this purpose within 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 fight against fraud or attacks on the Company or its users protect the Company's property rights.

Data protection

The Company ensures an appropriate level of security, commensurate with the risks incurred and their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 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.

Cookies

To enable Users to benefit from optimal browsing of 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 (notably searches, login, email, password).

The User expressly authorizes the Company to place a "cookie" file on the User's hard disk.The User may block, modify the retention period, or delete this cookie via 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 malfunction shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.

Modifications

The Company reserves the right to modify the Site, the services offered therein, the GTC/GTC as well as any delivery procedure or other element constituting the services provided by the Company via the Site.

When placing an Order, the User is subject to the stipulations set forth in the GTC/GTC in effect at the time the Order is placed.

Liability

The Company cannot under any circumstances be held responsible for the temporary or permanent unavailability of the Website, and although every effort is made 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 Site unavailable in order to carry out any updating, improvement or maintenance operation.

As previously mentioned herein, the Company shall in no event be held liable for any delay 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 distribution, use, representation or reproduction, whether partial or complete, without the express authorization of the aforementioned company will expose the offender to civil and criminal prosecution.

Jurisdiction clause

The law governing the GCS/GUU is French law. Any dispute that may arise between the Company and a User during the performance of the present terms and conditions will be subject to an attempt at amicable resolution. Failing this, disputes will be referred to the competent courts under common law.

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. In the event of a dispute, the customer may also use any alternative dispute resolution method.

Pre-contractual information

Prior to placing an Order, the Customer acknowledges having been provided, in a legible and comprehensible manner, with the GCS/CGU 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 legal and contractual guarantees and their implementation procedures; the possibility of resorting to conventional mediation in the event of a dispute; information relating to the right of withdrawal (deadline, exercise procedures).

Placing an Order on the Site implies acceptance of the GCS/CGU. The Customer may not rely on a contradictory document.