General Conditions of Sale
The following General Terms and Conditions of Sale apply to the Commercial Offer that refers to them, issued by Solunea for the Customer. They complete this Commercial Offer by a description of the terms and conditions applicable to the execution of the services. They therefore define the conditions of the sale.
Any order placed with Solunea implies full, complete and unreserved acceptance by the Customer of these General Terms and Conditions of Sale. The fact that Solunea does not implement one or more of the clauses established in its honour in the present conditions, cannot be interpreted as a renunciation on its part to take advantage of it.
Solunea refers to the limited company SOLUNEA, whose headquarters are located 28 Rue Jean Reboul 30900 Nîmes, registered in the Register of Commerce and Companies under number 487 952 343.
Description of the service
The Thaleia online service (the Service) allows one user to produce, distribute and consult digital content (the Content). The Content is stored and transmitted in an intangible way, in the form of digital files or digital contents distributed online.
The proposed Commercial Offer concerns access to the Service in the form of a set of functions made available online, for a period of time whose duration is determined.
Access to the Service is via a web interface made available on the Internet by Solunea. Access to the Service assumes that the Customer has the technical means to access the web server operated by Solunea which constitutes as the access point to the Service, and that the Customer is responsible for the necessary network access and communication costs.
Conclusion of the sale and payment
The validation of the Commercial Offer by the customer from their personal access is equivalent to the conclusion of the sale. The payment is required, by the means chosen by the customer during the preparation of the Commercial Offer. Early payment will not generate any discount. The payment will generate interest at a rate of 0.4% per month after the due date. In the event of late payment, the customer must also pay Solunea a fixed indemnity for collection and compensation for collection costs of an amount equal to that fixed regulatively on the date of the conclusion of the sale.
Time of provisioning
The Service is made available immediately after the execution of the full payment of the order by the Customer.
Right of withdrawal
Due to the nature of the Service sold, and the immediate availability of the services, the conclusion of the sale implies that the Customer expressly waives his right of withdrawal. No refund, partial or total, will be made after the conclusion of the sale.
Settlement of disputes
The applicable law is the French law. For any dispute, litigation, which could rise in the validity, interpretation or execution of all or part of the service, jurisdiction is expressly attributed to the Tribunal de Commerce de Nîmes, notwithstanding plurality of defendants or appeal in guarantee.
The access to the Service is done by a personal account, which is non-transferable and nominative, protected by a password. The Customer agrees to ensure the security and confidentiality of their password, and not to transmit to a third party their access parameters to the Service. The customer may at any time change their password at any time. This password is not known to Solunea.
For the purpose of evaluating the Service by the Customer, Solunea may make available a Commercial Demonstration Offer, giving access to all or part of the Service, for a determined period of time.
The use of the Service within the framework of this Commercial Demonstration Offer is subject to the same conditions of use.
The Customer agrees to use the Service only for the assembly of digital content for which they have the right to use. They also commit to not put online or distribute content that they are not legally authorised to use or hold, or that Solunea is not legally authorised to use or hold in order to provide the Service.
With the exception of Content that the Customer submits as part of the Service, the Content is the property of Solunea. For these files, Solunea grants the Customer a right to copy, use and distribute them, for the entire world, limited to the time period of validity of the access to the Service by this Customer, as defined in the Commercial Offer to which they subscribed. At the end of the validity period of their access to the Service, the Customer undertakes not to copy, use or distribute the Solunea Content. The submission of Content by the customer to the Service is not associated with a transfer of property of this content of Solunea: the customer remains the owner of their own Content.
Termination of access
The Customer's right of access to the Service terminates at the end of the period of the Commercial Offer to which the Customer has subscribed to.
In the case that access is not renewed, the Customer's account may be terminated, and Solunea is not required to retain the associated data. It is therefore incumbent upon the
Customer to make arrangements before the end of access to the Service.
The Customer may decide to terminate their access to the Service before the end of the validity period of the Commercial Offer to which they have subscribed, without being entitled to a refund, in whole or in part, of the sums paid for access to the Service.
No direct or indirect damage will give rise to a right to compensation by Solunea in the event of the termination of an account for access to the Service.
Solunea's liability is limited to the following commitments made in the application of the Commercial Offer and may not be held liable for: (i) damage due to the total or partial non-performance of its obligations by the Customer
(ii) direct or indirect damage resulting from the use or performance of the Service subjected by the Customer and (iii) more generally any indirect damage. In particular, the parties expressly agree that any financial or commercial loss (e.g. loss of data, loss of profits, operating loss, loss of customers, loss of customers or orders, loss of earnings, any commercial disturbance whatsoever) or any action directed against the Customer by a third party, constitutes indirect damage and does not entitle the Customer to compensation from Solunea.
As part of the provision of the Service, Solunea acts as a content host. In this capacity, Solunea is under general obligation to monitor any content submitted or distributed via the Service.
The Service is provided by Solunea on an "as is" basis and does not grant in this regard. In particular, Solunea does not guarantee that: (i) the use of the Service meets the Customer's needs, (ii) the use of the Service is without interruption or error, (iii) all malfunctions will be corrected.
Evolution of the Service
Solunea is constantly evolving its Service, Thaleia, in order to increase its functionality, improve its use, and to correct malfunctions.
The Customer acknowledges and accepts that the form and nature of the Service may be modified from time to time, without prior notice.
Support for use
The conditions of access to the support for use of the Service are defined in the Commercial Offer. Solunea does not propose any other support for its Service other than that expressly specified in its Commercial Offer.
Solunea stores in its databases nominal data concerning the Customer. The information
collected is subject to computer processing for the purpose of tracking demonstration requests, customers’ and users' access to the Service, orders and invoices. The data recipients concerning access to the contents are the owners of these contents. The data recipients concerning the customers are the employees of Solunea or its subcontractors assigned to the operation of the Service. This data is not transmitted to third parties by Solunea. This automated processing of information has been the object of a declaration to the CNIL under the number 1874022.
In accordance with the French law on “information technology and civil liberties” of 6th January 1978 modified in 2004, you have the right to access and rectify any information concerning you, which you may exercise by contacting Solunea's head office. You may also, for legitimate reasons, oppose the processing of data concerning you.
Modification of the conditions
Solunea reserves the right to modify its conditions of use, for example to adapt them to
General Terms and Conditions of Sale as of July 1st 2015