CGV

Article #1: Definitions

Hereinafter, we will designate:

'Site' or 'service': the site https://www.bizyness.fr and all of its pages.
'Products': all the (intangible) services that can be purchased or subscribed to on the site.
'Editor': The person, legal or physical, responsible for the editing and content of the site.
'User': The Internet user using the site or one of its Products.
And 'Customer' means the Internet user making a purchase of a service on the site.

Article #2: Terms imposed by the law of trust in the digital economy and purpose of the site

This site is published by the company “Le Pissenlit Bleu EURL”, with a capital of 3,000€, whose head office is located at 229 rue Saint-Honoré, 75001 Paris. Legal information concerning the host and publisher of the site, in particular contact details and any capital and registration information, is provided in the legal notice of this site. Information concerning the collection and processing of personal data (policy and declaration) is provided in the site's personal data charter. The purpose of this site is determined as “Online management and billing software for entrepreneurs”. The site is open and free to all Internet users. The acquisition of a good or a service, or the creation of a member area, or more generally the navigation on the site implies the acceptance, by the Internet user, of all of these general terms and conditions, who also acknowledges having taken full knowledge of them. For the Internet user, this acceptance will consist in ticking the box corresponding to the sentence of acceptance of these general conditions, for example with the mention “I acknowledge having read and accepted all the general conditions of the site”. Checking this box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the evidentiary value of the automatic registration systems of the publisher of this site and, except for him to provide evidence to the contrary, he renounces the right to contest them in the event of a dispute.Acceptance of these general terms and conditions presupposes on the part of the users that they have the legal capacity necessary for this. If the user is a minor or does not have this legal capacity, he declares that he has the authorization of a guardian, trustee or his legal representative.

Article #3: Characteristics of the services offered

The services and products offered are those listed in the catalog published on the site. Each product or service is accompanied by a description established by the publisher of the site. The photographs of the products in the catalog reflect a faithful image of the products and services offered but are not contractual insofar as they cannot ensure perfect similarity or the Service may undergo changes.

The support service of this site is accessible by email at the following address: support@bizyness.fr or by post to the address indicated in the legal notice, in which case the publisher undertakes to provide a response within 48 hours.

Article #4: Rates

The prices listed in the catalog are prices in Euros net to be paid. The company “Le Pissenlit Bleu EURL” reserves the right to reflect any change in the VAT rate on the price of products or services. The publisher also reserves the right to change its prices at any time.

Article #5: Member or user area

The user registered on the site (member) can access it by logging in using his identifiers (email address defined during registration and password). The user is fully responsible for the protection of the password he has chosen. It is encouraged to use strong passwords. If the password is forgotten, the member can generate a new one. This password guarantees the confidentiality of the information contained in its “my account” section and the user is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, the site publisher cannot be held responsible for unauthorized access to a user's account. The creation of a personal space is an essential prerequisite for any subscription or contribution by the member on this site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information. The purpose of data collection is to create a “member account”. This account allows the member to consult the Products subscribed to on the site and the subscriptions of which he is the holder. If the data contained in the member account section were to disappear as a result of a technical failure or a case of force majeure, the responsibility of the site and its publisher could not be engaged, this information having no probative value but only informative nature. The pages relating to member accounts are freely printable by the holder of the account in question but do not constitute proof, they are only informative in order to ensure effective management of subscriptions and any contributions of the member. The publisher reserves the exclusive right to delete the account of any member who has violated these terms and conditions (in particular, but without this example being exhaustive, when the member has knowingly provided incorrect information when registering and/or creating his personal space) or any account that has been inactive for at least one year. Such deletion will not be likely to constitute damage for the excluded member who will not be able to claim any compensation as a result. This exclusion does not exclude the possibility for the Publisher to take legal action against the member, when the facts have justified it.

Article #6: Usage Policy

By accepting these general conditions, the user undertakes to respect the following use policy:

Appropriate use: The service should only be used for professional purposes, such as the financial and accounting management of a business. Any use that does not comply with this rule is prohibited.
Data protection: The user should take steps to protect sensitive information stored in the software, such as financial and personal data. Passwords should be complex and kept confidential, and access to the software should be restricted to authorized persons.
Compliance with laws: The user must comply with applicable accounting and privacy laws, including tax laws, data protection laws, and industry compliance regulations. Any activity that violates these laws is prohibited.
Prohibition of resale: The user is not authorized to resell, rent, or distribute the service, or to make any unauthorized commercial use of it.
Unauthorized Access: The user is not authorized to access the service from unauthorized machines or networks or to use the service in a way that could compromise system security or cause damage to the service.

In the event of a violation of this user policy, the Publisher reserves the right to take appropriate measures, including the suspension or termination of the account, and to report any illegal activity to the competent authorities.

Article #7: Illegal activities

By accepting these general conditions, the user undertakes not to use the service for illegal or fraudulent purposes, such as:

Exploiting the service for criminal purposes, such as money laundering or terrorist financing.
The falsification of accounting documents to defraud the tax administration.
Use of the service to illegally spy on or monitor the activities of third parties.
Using the service to violate the intellectual property rights of others, such as the illegal copying of software or music.
Use of the service to disseminate illegal or offensive content, such as hateful or pornographic messages.

Article #8: Exemption from the publisher's liability in connection with the execution of this contract

In the event of impossibility of access to the site, due to technical problems or of any nature, the User will not be able to claim damage and will not be able to claim any compensation. The unavailability, even prolonged and without any limiting period, of one or more products, cannot constitute a prejudice for Internet users and cannot in any way give rise to the award of damages on the part of the site or its publisher. The photographs and visuals of the products presented on the site are not contractual in nature, the responsibility of the publisher of this site can therefore not be engaged if the characteristics of the objects differ from the visuals on the site or if the latter are erroneous or incomplete. The hypertext links on this site may refer to other websites and the responsibility of the publisher of this site cannot be engaged if the content of these sites contravenes the legislation in force. Likewise, the publisher of this site cannot be held liable if the visit, by the Internet user, of one of these sites caused him harm.

Article #9: Intellectual property rights relating to the elements published on this site

All elements of this site belong to the publisher or to a third party agent, or are used by the publisher on the site with the authorization of their owner. Any copy of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and amounts to counterfeiting. Any member who is guilty of counterfeiting would be likely to have his account deleted without notice or compensation and without this deletion constituting damage, without reservation of possible subsequent legal proceedings against him, at the initiative of the publisher of this site or his agent.

Article #10: Limitation of liability

The publisher of the site, especially in the online sales process, is only bound by an obligation of means; his responsibility cannot be incurred for damage resulting from the use of the Internet network such as data loss, intrusion, virus, virus, interruption of the Service or others. The company “Le Pissenlit Bleu EURL” cannot be held responsible for the non-execution of the contract concluded, due to the occurrence of a force majeure event and in particular in the event of a total or partial strike of external services or disasters caused by floods or fires. Regarding the products purchased, the publisher will not incur any responsibility for any indirect damage as a result of these terms, operating loss, loss of profit, damage or expenses, which may occur. The choice and subscription to a Product are under the sole responsibility of the user. The user expressly agrees to use the site at his own risk and under his exclusive responsibility. The site provides the user with information for information purposes only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any event, the publisher cannot under any circumstances be held responsible for: - any direct or indirect damage, in particular with regard to loss of profits, loss of profits, loss of customers, data that may, among other things, result from the use of the site, or on the contrary from the impossibility of its use; - on the contrary, from the impossibility of its use; - of a malfunction, unavailability of access, misuse, or poor configuration of the user's computer, or the use of a browser that is rarely used by the user; - the content of advertisements and other external links or sources accessible by the user from the site.

The publisher of the site does not act as a chartered accountant and, therefore, it is the responsibility of the user to verify or have the data and documents provided by the service verified by a competent person in order to ensure their compliance.

Article #11: Access to the site

The site publisher cannot be held liable due to the technical unavailability of the connection, whether due in particular to a case of force majeure, maintenance, update, modification of the site, intervention by the host, an internal or external strike, an internal or external strike, an internal or external strike, a network failure, a power outage, or even a poor configuration or use of the user's computer.

Article #12: Account closure

Each member of the site is free to close their account. To do this, the member must send an email to the site indicating that he wants to delete his account. The recovery of his data by the member is possible under the conditions specified in the section of these general conditions concerning the return of data.

Article #13: Applicable law

These general conditions are subject to the application of French law. They can be modified at any time by the site editor or his agent. The general conditions applicable to the user are those in force on the day they subscribe to a service on this site. The publisher of the site undertakes to keep the old versions of these general conditions in case of evolution and to send them to any User who requests them.

Except for provisions of public order, any disputes that may arise in connection with the execution of these general conditions may, before any legal action, be submitted to the assessment of the publisher of the site with a view to an amicable settlement. It is expressly recalled that amicable settlement requests do not suspend the time limits open for bringing legal actions. Unless otherwise provided, of public order, any judicial action relating to the execution of this contract must be subject to the jurisdiction of the courts under the jurisdiction of the Court of Appeal seized.

Article #14: Use of Cookies

A “Cookie” allows the identification of the user of a site, the personalization of his consultation of the site and the acceleration of the display of the site by saving a data file on his computer. The site may use “Cookies” mainly to 1) obtain browsing statistics in order to improve the User experience, and 2) allow access to a member account and to content that is not accessible without login. The User acknowledges being informed of this practice and authorizes the site editor to use it. The publisher undertakes never to communicate the content of these “Cookies” to third parties, except in case of legal requisition. The User may refuse the registration of “Cookies” or configure his browser to be notified prior to accepting “Cookies”. To do this, the User will proceed to configure their browser: - For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies - For Safari: https://support.apple.com/fr-fr/ht1677 - For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on - For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies - For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

Article #15: How to subscribe to the service and description of the purchasing process

We will define below as “Basket” the intangible object (for example a page or part of a page of the site) grouping together all the Products selected by the user for a purchase or subscription. Once the Internet user considers that he has selected and added to his basket all the products he wishes to buy, he will have the possibility, to validate his order, to access a summary page on which the characteristics (in particular the volume and any options) of the products ordered will be communicated to him, as well as their unit price, or the subscription price depending on the nature of the pricing of the service. If he wishes to validate his order, the user must check the box relating to the ratification of these general conditions of sale and click on the validation button. The user will then be required to fill in the fields of an order form by entering a certain number of personal data concerning him, necessary for the smooth processing of the order. Once the user has validated this order form, he will be redirected to the online payment interface on which he can make his payment with the means of payment specified in the dedicated section of these general conditions, or will have access to the order form necessary to send a check, if necessary. After a few moments, the user will be sent an email confirming the order, reminding him of the content of the order and the price of the order.

Article #16: Payment Information

The Internet user can place an order on this site and can pay by bank card. Credit card payments are made through secure transactions provided by an online payment platform provider. Payment is made directly in the hands of the bank or payment provider receiving payment from the Customer. In the event of payment by check or bank transfer, the delivery periods defined in the article below only begin to run from the date of effective receipt of payment by the seller, the latter being able to provide proof by any means.

Article #17: Provision

The provision of the service (otherwise called its delivery) is immediate, or requires a short period of time. However, this period may not exceed 7 days. Any complaint not made in accordance with the rules defined in the dedicated section of these general terms and conditions and within the time limit set will not be taken into account and will release the company “Le Pissenlit Bleu EURL” from any responsibility towards the buyer. Upon receipt of a valid complaint, the company “Le Pissenlit Bleu EURL” will communicate by email, fax or telephone to the buyer the terms of reimbursement or modification of the order.

Article #18: Termination

In accordance with article L.221-28 of the Consumer Code, the company “Le Pissenlit Bleu EURL” providing access to an online tool, with initial and/or regular billing according to the terms and conditions specified in the section specifying the conditions of access to the software of these general conditions, the site is eligible for withdrawal, but this cannot lead to the reimbursement of the amount already paid for the period already past. It will therefore be a termination, with cancellation of the contract and therefore of future payments. And the acceptance of these conditions implies the acceptance of the loss, therefore, of the legal right of withdrawal established in the above article. In the event of a breach by one of the parties (Customer or Site Publisher) of its contractual obligations, the contract may be automatically terminated by the other party after the sending of a letter of formal notice sent by registered mail with acknowledgement of receipt which has remained without effect. The formal notice will indicate the failure (s) observed. In the event of termination, the Site will inform the Customer of the upcoming cancellation of his subscription and the Customer will stop using all access codes to the solutions and application services. The total or partial impossibility of using the Service, in particular due to the incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the responsibility of the publisher, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal. In the event that an order or part of an order is not available, the customer has a maximum of six months (from the date of access to the online service) to come forward. After this period no complaint will be accepted.

Article #19: Archiving

The company “Le Pissenlit Bleu EURL” will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article #20: Conditions of access to the solution

This site provides the User with a solution on his server, accessible via the Internet. The various solution programs offered and the corresponding subscription conditions are presented on the site's offer pages. Depending on the offer chosen, the site will communicate to the user the validity period of their subscription. The site backs up and secures data. The site grants the user a personal, non-exclusive, non-transferable and non-transferable right to use the solutions, throughout the duration of the contract and for the entire world. The user may only use application services and solutions in accordance with their needs and their documentation. In particular, the license relating to the solutions is granted only for the sole purpose of allowing the user to use the services, to the exclusion of any other purpose. The right of use refers to the right to represent and implement application services in accordance with their destination, in SaaS mode (“Software as a Service”) via a connection to an electronic communications network. The user may under no circumstances make the solutions available to a third party, and is strictly prohibited from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive. If the site sets up a minimum subscription commitment for some of its offers, this will be clearly and distinctly stipulated on the offer page and during the subscription process.

Article #21: Payment

The various solution programs offered and their corresponding subscription prices are presented on the offer or price pages of the site.

The site specifies on these pages whether the billing is for the period (per day, month, year, any period started being due, unless otherwise indicated, by the customer), or fixed according to a level of use of resources (any resource unit started being due, unless otherwise indicated, by the customer), or any other access route, specified on this page.

Unless otherwise specified when subscribing to the service, the billing method that applies is as follows: Commitment period. The billing method is also specified on the offer or price pages of the site, or failing that, in the section concerning the conditions of access to the solution of these general conditions.

In case of automatic debit, the site will specify to the customer in the payment interface the date of the withdrawal, and its amount, as well as the frequency, which may depend on each customer.

Article #22: Restitution of data

In the event of the termination of the contractual relationship, regardless of the cause, the site publisher undertakes to destroy or return, at the Customer's choice, at the Customer's first request made by registered letter with acknowledgement of receipt, all the data belonging to him in a standard format that can be read without difficulty in an equivalent environment; possibly the precise format of the data may be specified during exchanges between the site and the customer. The client will actively collaborate with the site in order to facilitate data recovery. The site will ensure that the customer can continue to use the data, without interruption, directly or with the assistance of another provider.

Article #23: Framework of conditions

If any provision of these terms and conditions is found to be unlawful, void, or for any other reason unenforceable, then that provision will be deemed severable from the terms and conditions and will not affect the validity and enforceability of the remaining provisions. These conditions describe the entire agreement between the user and the website. They replace all previous or contemporary written or oral agreements. The general conditions are not transferable, transferable or sublicensable by the user himself. A printed version of the terms and conditions and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the terms and conditions. The parties agree that all correspondence relating to these general conditions must be written in French.

Article #24: Notifications

Any notification or notice concerning these general conditions, the legal notices or the personal data charter must be made in writing and must be delivered in person, by registered or certified mail, by Post or any other nationally recognized courier service that allows you to regularly monitor your packages, or by email to the addresses indicated in the legal notice of the site, specifying your names, first names, contact details and subject of the notice.

Article #25: Inaccuracies

It may be possible that, throughout the website and the services offered, and to a limited extent, there may be inaccuracies or errors, or information that does not agree with the general conditions, the legal notices or the personal data charter. In addition, it is possible that unauthorized changes may be made by third parties on the site or on ancillary services (social networks, etc.). We are doing everything we can to ensure that these types of discrepancies are corrected. In the event that such a situation escapes us, please contact us by post or by email at the addresses indicated in the legal notice of the site with, if possible, a description of the error and the location (URL), as well as sufficient information to allow us to contact you. For copyright inquiries, please refer to the intellectual property section.

Article #26: Complaints

Any complaint related to the use of the site, its services or any other related service, the pages of the site on any social networks or the general conditions, legal notices or personal data charter must be filed within 365 days following the day of origin of the problem giving rise to the complaint, and this regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will forever be unenforceable in court.

General conditions of sale and use