These Terms and Conditions of Use and Sale are governed by the laws of France and will be interpreted in accordance with the French courts. On this page you can get a full translation in English of the Terms and Conditions of the current website for your reading comfort and understanding.
The below listed words define:
- 'Site', 'service' or 'website': the website https://shop.frogans-addresses.com and all its pages.
- 'Publisher': TakeThe9 SAS, the legal person responsible for editing and publishing content on the site, and a Frogans Core Registry (FCR) account administrator.
- 'User': the person visiting and using the site.
- 'Services': all services which it is possible to subscribe to on the site.
- 'Customer': the user subscribing to a service on the site.
The website https://shop.frogans-addresses.com is published by the Publisher.
The purpose of the site is the following: "Registration and management of Frogans addresses and dedicated Frogans networks."
The site is free to access by any Internet user.
The subscription to a service, creation of a client account on the site, and in a broader sense navigation on the site implies acceptance by the user of the whole current Terms and Conditions, the user thus acknowledging to have taken full knowledge and accepted them.
For instance the collection of this acceptance can be materialized as a checkbox next to the sentence: "I have read and accepted the Terms and Conditions of this site." Ticking this box will be considered to have the same value as a handwritten signature from the user. The user recognizes the value of evidence from the site automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint.
The acceptance of these Terms and Conditions implies on the part of the user that he or she does have the legal capacity necessary to do so. If the user is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian.
The services offered on the site are subject to the availability of Frogans addresses and dedicated Frogans networks, which can be checked in the Check Availability section of the site.
A customer who subscribes to the registration of an available Frogans address or a dedicated Frogans network becomes the holder of said address or network in the sense of the Frogans Core Registry (FCR). FCR registration rules are detailed at https://fcr.frogans/en/resources/prp-ent/access.html
By subscribing to the registration of any Frogans address or dedicated Frogans network, the customer accepts the terms of the Frogans Technology User Policy, available at https://www.frogans.org/en/resources/ftup/access.html
The site customer service is available by e-mail at the following address: email@example.com or through mail at this address 23, place Paul Verlaine, 92100 Boulogne-Billancourt in case of which the publisher agrees to provide a response within 7 days.
The publisher also makes available to its users and customers a hotline or helpline, to discuss their issues. The hotline can be contacted by phone at the hotline number +33 1 7102 5372.
The prices appearing on the site are shown in Euros excluding taxes (HT).
The publisher reserves the right to change prices at any time. However, only the price appearing on the site on the day of the order shall be applicable to the customer.
The registered user on the website has the ability to access his or her client account by logging in, using the e-mail address specified during registration and a password. The user is responsible for protecting the password he or she has chosen, and is encouraged to use complex passwords. In case of forgotten password, the user can ask to generate a new one. This password is the guarantee of confidentiality of information contained in the client account, and the user will refrain from transmitting or communicating it to third parties. Otherwise, the site will not be held liable for unauthorized access to a client account.
Creating a client account is a prerequisite to any order on this site. To this purpose, the user can be asked to provide personal information. The user agrees to provide accurate information.
The purpose of data collection is the creation of a client account; this account allows the customer to check all orders made on the site with the account. The site publisher can not be held responsible if the data contained in the account were to disappear as a result of a technical failure or force majeure event, this information having no probative value, but only an informative one. The account pages are freely printable by the given account holder but cannot be taken as evidence; they only have informative value and aim to effectively help the user to manage his or her orders.
The publisher reserves the exclusive right to delete the account of any user who may have breached these Terms and Conditions, including but not limited to the following cases:
- the user has knowingly provided false information during his or her registration and the creation of an account
- the user has no active subscription and has been inactive on the site for at least a year.
Said deletion cannot be considered harmful to the excluded user, who can not claim any compensation for this the account deletion. This deletion does not prevent the publisher to initiate legal actions or a lawsuit against the user, should the facts warrant it.
Users are free to delete their account on the site if it does not hold any active subscriptions and, if applicable, after all registrations have been transferred to another FCR account administrator. In order to do so, the user can send a e-mail to the website stating that he or she wants to delete the account. No data recovery is possible after account deletion.
The "cart" will be defined as an immaterial container with all the services selected by the user for a subscription by clicking on them. As soon as the user deems to have selected and added to the cart all the services he or she wish to subscribe to, the user will have the possibility to access the cart by clicking on a link or button provided for this purpose, and where he or she can confirm the order. The user will then be redirected to a summary page on which the number, characteristics and unit price of the ordered services will be listed for review.
If the user wishes to confirm the order, he or she must tick the dedicated checkbox to show acceptance of these Terms and Conditions of Sale and hit the submit button. The user will then be redirected to a page where he or she will fill the order form fields by entering some personal data necessary to the placing of the order. Once the user has completed and submitted the form, he or she will be redirected to the online payment page where the user can make online payments by credit card. An e-mail will shortly be sent to the user, confirming the order and listing its specifics and price.
The user can place orders on this site and pay by credit card. The credit card payments are made through secure transactions provided by an online payment platform provider.
This site has no access to any user payments data. Payment is made directly to the bank or online payment platform provider. If the user is paying by transfer, delivery time periods defined in these Terms and Conditions shall only run from the date the seller actually receives the payment, the seller having full choice of means to prove this date. Service availability is listed on the site in the Check Availability section.
The subscription of the following services offered on the website will not allow the customer to exert his or her right of withdrawal, as stated in article L.221-28 of the French Code de la consommation: services fully executed before the end of the withdrawal right period and which execution started with explicit agreement of the client and explicit waiver of their withdrawal right.
The customer acknowledges this list of services, for which the subscription will be regarded as irreversible, and waive his or her withdrawal right regarding those services, provided his or her express consent to this waiver had been given by the customer for contracts beginning immediately and concerning digital contents not provided on a hard medium or services delivery that are complete withing the withdrawal right period.
The publisher will archive purchase orders and invoices as a true copy in accordance with the provisions of Article 1348 of the French Code civil. Digital records will be considered by both parties as proof of communications, orders, payments and transactions between them.
Failure to connect to the website is not considered harmful to the users, and will not result in any right to any kind of compensation. The unavailability of the site, even extended without any time limit and concerning one or several services, can not be considered harmful to users and can not result in the award of damages from the publisher.
The hypertext links on the current website may refer to other sites and the responsibility of the publisher of the current website can not be engaged if the content of these sites contravenes the laws. The current website publisher will not be held responsible of any harm caused to the user by his or her visit on those third-party sites.
Cookies allow the site to identify its users, customize their browsing experience and speed up the display of the site pages through a data file saved on their computer or device. Cookies are typically used on the site to 1) gather user navigation data to provide analytics and optimize user experience and 2) allow the user to log in to and access password-protected pages, including but not limited to his or her account pages.
- For Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
- For Safari: https://support.apple.com/en-us/HT201265
- For Google Chrome: https://support.google.com/chrome/answer/95647?hl=en
- For Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
- For Opera: http://help.opera.com/Windows/10.20/en/cookies.html
Unless otherwise stated, the publisher or its licensors own the intellectual property rights of the website and of material on the website. Copying any content, including but not limited to logos, text content, pictures or videos is strictly prohibited and will be considered counterfeiting. Any user found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to initiate legal actions or a lawsuit against the user, should the facts warrant it.
The publisher, especially in the online sales process, is bound by an obligation of means; he can not be held liable for damages resulting from the use of the Internet network such as data loss, hacking, viruses, failure in service, or other.
The publisher can not be held liable for breach of contract due to a force majeure event, including but not limited to total or partial strike of postal services, carriers, or disasters caused by floods or fires. Regarding subscribed services, the publisher shall not be liable for any consequential damages because of present, trading loss, operating loss, loss of profit, damage or expense that might arise. The choice and subscription of a service are under the sole responsibility of the customer.
The total or partial inability to use such service due to incompatibility of equipment cannot lead to any compensation, reimbursement or questioning the responsibility of the publisher, except in the case of a proven hidden defect, non-compliance, damaged good, or genuine exercise of rights of withdrawal (if the customer is not a professional and withdrawal right is applicable to the contract, according to the article L.221-18 and following of the French Code de la consommation).
In case of non delivery of an order or part of an order, the customer has up to 60 days (starting from the expected delivery date) to come forward. No claim will be accepted beyond this time period.
The user expressly agrees to use the site at his own risk and under his sole responsibility. The site provides the user with indicative information and flaws, errors, omissions, misstatements and other ambivalences may exist. In any event the publisher will no be liable for:
- any direct or indirect damage, including but not limited to lost profits, revenue shortfall, loss of customers or data that may result from the use of this site or conversely the inability to use it;
- any malfunction, impossibility of access, misuse, improper configuration of the user's computer, or for the use by the user of an unusual browser;
- the advertisements content and other links or external sources the user may access through the site.
The publisher cannot be liable for any technical hinderance of the connection to the website, including but not limited to hinderance due to a force majeure event, a maintenance, an update, changes being made on the site, an intervention by the hosting company, an internal or external strike, a network outage, a power failure, or a bad setup or operation of the user computer.
If any of these terms and conditions should be declared null and void by a court, such nullity shall not extend to any other clauses, which continue to be in effect. The present Terms and Conditions describe the entire agreement between the user and the website. They supersede all previous or contemporary written or oral agreements. The Terms and Conditions are not assignable, transferable or sublicensable by the user himself.
Any claim or cause of action you may have with respect to your use of this website, its pages, services or the social network pages of the publisher, or which is the subject of these Terms and Conditions must be initiated within one (1) year after the claim or cause of action arises. If it is not, such a claim or cause of action will never be applicable before a court.
In case we miss one, please contact us using the addresses mentioned in the Legal Notices of this website, to give, if possible, a description of the error and location (URL), as well as sufficient information for us to be able to contact you. For requests involving copyright, please refer to the section of this document related to intellectual property.
These Terms and Conditions are subject to the application of French law. They may be modified at any time by the publisher or one of its representative. The Terms and Conditions applicable to the user are those in effect on the date of the order or of the connection to the site. The publisher agrees to archive its older version of the Terms and Conditions, and to send them to any user who so requests.
Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms and Conditions may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings. It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings. Unless otherwise provided by public policy provisions, any legal proceedings regarding the execution of this contract shall be subject to the jurisdiction of the Court of Appeal that has been referred to.
As required in the article L.612-1 of the French Code de la consommation, the publisher guarantees that the customer can seek a free-of-charge consumer mediation for the amicable resolution of any dispute with the publisher.
The publisher offers its nonprofessional customers the mediation of the following mediator:
- Jérôme DUPRE
Mediation is not mandatory but only offered to allow informal resolution of disputes and avoid unnecessary litigation.
All rights reserved - 17 January 2017