General terms and conditions of sale
Between Mr. Quentin Herbrecht, domiciled at 9 rue de Chateaugiron 35000 Rennes, hereinafter referred to as “the Seller” On the one hand, and the natural or legal person purchasing products or services offered on by the Seller, hereinafter referred to as “the Buyer”, or “the Customer” on the other hand, It has been explained and agreed as follows:
The Seller operates as a micro entrepreneur. As such, it ensures the administrative management of its activity
The Seller is solely responsible for the proper execution of its service and the services it offers.
The Seller is a publisher of products and services for non-professionals and professionals, marketed through the site markchain.io.
The list and description of the goods and services offered by the Seller can be consulted on the above-mentioned websites. The products and services offered are the result of Mr. Quentin Herbrecht’s training and experience and are intended to assist his Clients in the development of their companies.
Article 1: Purpose
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products and Services offered by the Seller.
Article 2: General Provisions
These General Terms and Conditions (GTC) apply to all sales of Products and Services, made through the Seller’s websites that are an integral part of the Contract between the Buyer and the Seller.
The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website.
The GTC then applicable are those in force on the date of payment (or first payment in the case of multiple payments) of the order.
The Customer declares that he has read all these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation.
The Client acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Client declares that he/she is of legal age and is able to legally contract under French law or validly represent the natural or legal person for whom he/she undertakes to act.
The Customer acknowledges that he/she is in full possession of his/her legal, physical, mental and intellectual capacities to understand and apply these general terms and conditions of sale. Unless proven otherwise, the information recorded by the Seller constitutes proof of all transactions.
Article 3: Prices
The prices of products and services sold through the websites are indicated in Euros excluding VAT or including VAT. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated excluding tax on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities.
The Seller reserves the right to change its prices at any time in the future.
The telecommunication costs necessary to access the Seller’s websites are the responsibility of the Customer. If necessary, also the delivery costs.
In the case of a multiple payment, the payment may be higher than the amount of the one-time payment. For services, the prices indicated on the quotations are valid for a maximum period of 1 month from the date of issue.
Article 4: Signature and Entry into Force of the Contract
The click required to confirm an order when purchasing a product or service on this site constitutes an electronic signature of the contract which has, between the parties, the same value as a handwritten signature.
This contract shall come into force at the time of payment (or first payment) of the order by the buyer (including for pre-order items).
It is concluded for the period necessary for the supply of the Products and Services and until the end of the Seller’s guarantees and obligations.
Article 5: Conclusion of the online contract
The Customer must follow a series of steps specific to each Product offered by the Seller in order to complete his order. However, the steps described below are systematic:
Information on the essential characteristics of the Product;
Choice of the Product, if applicable its options and acceptance of these General Terms and Conditions of Sale.
Indication of the Customer’s essential data (identification, address.)
Follow-up of payment instructions and payment of products.
Delivery of product access.
The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgement of receipt of the order confirming it. If applicable, the customer will also receive confirmation of the shipment of the Products.
For the purpose of the proper execution of the order, and in accordance with Article 1316-1 of the French Civil Code, the Client undertakes to provide its true identification details.
The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 6: Products and Services
The essential characteristics of the goods, services and their respective prices have been made available to the buyer on the Seller’s websites.
The available digital products are delivered electronically and immediately after purchase as downloads or access to an online platform.
The products are intended for a single use by person or company, their access right is realized by means of an access code that cannot be shared, transferred, resold, or retransmitted; the platform is open 24/24h and 7 days a week, except technical anomaly or occasional updates.
In the context of a download it is advisable to download the product immediately after purchase because access to the files is not guaranteed in the long term.
As part of the access to a platform, it can be limited in time (depending on the product chosen).
In the event of a violation of the rules relating to access codes and in particular in the event of use of the products by several persons, the Seller reserves the right to terminate access to the product immediately without compensation, notice or prior information.
The Seller implements means to ensure that access to the products is functional and accessible; in the event of an anomaly discovered by the Customer, the latter undertakes to notify the Seller as soon as possible so that the latter can remedy any malfunctions.
It is essential that the Customer has adequate computer equipment enabling him to use the product (computer, screen, Internet connection, web browser, e-mail software, sound card and speakers to hear the videos; most of the time a laptop computer type equipment is sufficient).
The customer also certifies that he has received all the information necessary for his decision to place an order, as well as details of delivery costs and the terms of payment, delivery and performance of the contract.
The Seller undertakes to honour the Customer’s order within the limits of available Product stocks only. Failing this, the Seller shall inform the Customer.
The parties agree that illustrations or photos of products offered for sale have no contractual value.
The validity period of the offers and their prices are specified on the Seller’s websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services.
Unless otherwise specified, the rights granted hereunder are granted only to the natural person who signed the order (or the person who holds the email address provided).
The results achieved by the products are naturally dependent on the proper application of the advice given. The customer therefore undertakes to apply the advice provided in the seller’s products and services.
It is the Client’s responsibility to ensure that its implementation of the techniques discussed in the videos, articles and other media complies with the regulatory and legal provisions of its jurisdiction. Under no circumstances can the content offered be considered as legal or accounting advice.
Article 7: Retention of title and confidentiality clause
The products remain the property of the Seller until full payment of the price.
Information, documentation and knowledge acquired by the Client in the course of a service are subject to confidentiality. They may only be passed on to third parties if this is necessary for the progress of the project. This obligation has no time limit and remains active even in the event of termination of this contract.
The Client may use the results of the services as he sees fit as long as he mentions their authorship. It is brought to the Client’s attention that these results are not its exclusive property.
The Seller is entitled to use general knowledge, systems and methods acquired during the performance for subsequent projects. However, the Seller is obliged to respect the confidentiality of the facts and knowledge relating to the Customer.
Article 8: Disclaimer of Liability
The Seller shall not be liable for any direct or indirect damages – including loss of business, loss of profit, damage or costs – that may result from the use of the products offered, or from the unavailability of the contents and/or the site.
With regard to the provision of services, the Seller is only subject to an obligation of means. Under no circumstances can it be held liable for direct and/or indirect, material and/or immaterial damage, linked to a delay in delivery, non-compliance with the customer’s needs or due to a cause beyond its control.
The Seller’s liability is limited to failure to comply with its obligations. Likewise, the Seller shall not be held liable for any financial or commercial prejudice, or any other nature caused in connection with the use of its services and for which its liability could not be engaged.
In order to avoid claims for damages, the Seller is entitled to correct or complete certain incorrect or incomplete deliveries. The Customer must allow the Seller sufficient flexibility and time to do so.
In the event that attempts to complete or correct the delivery fail several times, the Customer is entitled to terminate this Agreement with immediate effect.
The customer agrees that in the event that the Seller’s liability is retained, the total amount of compensation shall not exceed an amount equal to the amount of the total amount paid in performance of the services and tasks of the contract.
Article 9: Payment
For products, payment is due immediately upon order, including for pre-order products. The Customer may pay by credit card. For services, 50% of the total amount is due on account of the order as a deposit.
The balance is payable on the due date defined in the quotation. However, the Seller reserves the right to require full payment of the service upon validation of the quotation or to propose payments in several instalments.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made through a specialized company, such as Paypal. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Any guarantee as to the security of this system is entirely the responsibility of the subcontractors and cannot be attributed to the Seller.
Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the payment undertaking given by card is irrevocable. By providing his bank details at the time of sale, the Customer authorises the Seller to charge his card for the amount relating to the price indicated.
The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to charge the card, the Sale is immediately cancelled by operation of law and the order cancelled.
Article 10: Delivery
The available digital products are instantly delivered electronically to the address indicated by the Customer as soon as the payment has been validated. Pre-ordered products are delivered when they are published.
Even if the Seller does its best to respect the publication dates announced for these products, they are not contractual and may change.
With regard to the provision of services, the seller undertakes to respect the delivery time indicated on the quotation. However, the seller is dependent on the active collaboration of the customer.
The seller shall not be held liable for any delay in the event of failure by the customer to fulfil his obligations as defined in Article 11 of these GTC.
The date indicated in the quotation constitutes the deadline by which the seller undertakes to deliver or perform the promised service.
Article 11: Collaboration and obligations of the client
The Customer undertakes to cooperate actively with the Seller. This implies sending, within the required time limits, all the information, information and documents held by him and necessary for the performance of the services ordered. It also implies providing the Seller with all the necessary powers to carry out its service, including a list of access rights required to carry out the projects.
The Customer certifies that he has all the authorizations and administrative declarations necessary for the operation of the Seller’s services. This includes in particular intellectual property rights and authorisations required from third parties, in particular with regard to the exploitation of their image, goods, etc.
The Customer is obliged to inform the Seller of all circumstances and conditions that may have an impact on the projects.
The Customer undertakes to use the products and services only for strictly lawful purposes.
Article 12: Withdrawal period and Termination
Except in cases where the legal withdrawal period does not apply, such as electronic products or services such as consulting if the service started within 7 days after the order. The Customer has 14 days to retract from his purchase and request a refund.
This period runs from the moment of receipt of the first payment. In accordance with the legislation in force, only the price of the products is covered by the right of withdrawal. The application fees corresponding to the first payment in the case of a payment in several instalments are excluded from any form of guarantee and may under no circumstances be the subject of a refund request and will be considered as acquired by the Publisher Seller upon receipt of the order.
Any cancellation of the payment facility in several instalments without prior contact with the Seller shall be considered null and void and shall be subject to legal proceedings, if any, until the sums due have been fully recovered.
In the context of the provision of a service, this contract may be terminated, after the minimum period defined in the description of the offer, both by the Client and by the agency without specifying the reason, subject to a notice period of 1 month. Termination does not cancel the payment due for any month started.
The right of withdrawal or termination of the contract can be exercised simply by contacting the Seller at the email address q.herbrecht[at]markchain.io.
Article 13: Guarantees
If a product or service is guaranteed, the warranty is valid for the duration indicated in the sales message (text, audio or video) of a product.
In the event that no specific duration is indicated, this warranty is valid for a period of 30 days after purchase.
Article 14: Complaints
If necessary, the Buyer may submit any complaint by contacting the Seller at the email address q.herbrecht[at]markchain.io.
Article 15: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller.
No transfer of intellectual property rights is made through these GTC.
Any total or partial reproduction, modification or use of these properties for any reason whatsoever is strictly prohibited.
Article 16: Force Majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance.
The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 17: Nullity and amendment of the contract
If one of the provisions of this contract is cancelled, this cancellation will not result in the cancellation of the other provisions that will remain in force between the parties.
Any contractual amendment is only valid after a written agreement signed by the parties.
Article 18: Protection of personal data
By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers regarding products published by the Seller and its partners.
You can unsubscribe at any time. To do so, simply click on the link at the end of our emails or contact the controller (the Seller) by RAR letter.
Article 19: Right of publicity
Unless the customer is explicitly notified by letter with acknowledgement of receipt, the Seller is entitled to make public and use the Customer’s name publicly and to mention his achievements and the nature of the service provided to the Customer.
The Seller also reserves the right to include in his creations a mention indicating his contribution when the support allows it as well as when it is possible to put a hypertext link to the site of his markchain.io activity. This notice may not be removed without the agreement of the Seller.
Article 20: Participation in Events
The Client is informed that during his participation in an event, audio or video recordings may be made. By participating in one of these events, he authorizes the Seller to use the photo, audio and video recordings on which the customer is recognizable.
Article 21: Applicable law
All the clauses appearing in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, are subject to French law.
In the event of a breach by the Customer of these GTC, the Seller reserves the right to terminate this contract and terminate the Customer’s access to the products.
Date of drafting of these General Terms and Conditions: 17/10/2019