General terms and conditions of sale for users

General Terms and Conditions of Sale — For natural persons
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GENERAL CONDITIONS OF SALE
RIGHT TO USE THE MASLO SERVICE IN SAAS MODE
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ROADOO SAS
132 rue Fondaudège
33000 Bordeaux Francia
T +33 5 54 54 79 96 - hello@maslo.app

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The company ROADOO SAS, whose trade name is “MASLO”, a simplified joint stock company with a capital of 52,960.00 euros, registered in the Bordeaux Trade and Companies Register under number 521 481 705, whose head office is located 132 rue Fondaudège 33000 Bordeaux (hereinafter “ROADOO SAS” or “the Service Provider” or “MASLO”) operates a gamification platform for sales called 'Maslo' accessible at the address www.maslo.app (hereinafter the “Site”) and maslo.roadoo.com.
These General Terms and Conditions of Sale define the rights and obligations of the Parties in connection with the sale of goods and services on the Platform, when the user pays for all or part of his purchase by bank card. They must be accepted by the Buyer at the time of all orders.
These General Terms and Conditions of Sale will prevail over any other clause in any other document, unless prior, express and written derogation is granted.
If this or that clause of the General Terms and Conditions of Sale became unenforceable for one reason or another, said clause would be amended at the strict minimum to become applicable. In the event of the nullity of one of the clauses, the other clauses would remain applicable between the Parties.
It is reminded that ROADOO SAS can be contacted using the contact forms posted online on the site www.maslo.app or by post to the following address: ROADOO SAS, 132 rue Fondaudège, 33000 Bordeaux. It is agreed that the language governing these terms is French.
These general conditions of sale govern the commercial relationship between ROADOO and a buyer who is a consumer within the meaning of the Consumer Code. It therefore does not frame the ordering of a gift by the user, when this order is paid in full in coins, the customer then being the company that gave access to the Platform to the user, this company not being a consumer within the meaning of consumer law.
PREAMBLE
Maslo offers a solution accessible online in Software as a Service (“SaaS”) mode dedicated to professional structures. In particular, this solution allows them to motivate their teams by offering challenges and rewards that can be chosen directly online by the User through access to an e-Store. The User can also access products and services by financially completing the amount due himself if he cannot access them in view of the rewards he received during the challenges. The User can also buy any good or service presented on the Platform without using any rewards, simply by paying by bank card.
For any payment made directly by the User by bank card, whether for the payment of a good or service in whole or in part only, these GCS will apply.
The Annexes to these General Terms and Conditions of Sale are an integral part of the contractual relationship between the Customer and Maslo.
1) DEFINITIONS
Terms whose first letter is capitalized herein have the meaning given to them below.
Buyer
Refers to the natural person, User of the Platform who makes a purchase by credit card on the Maslo Online Store, in full or in addition to the use of coins.
Online store
Refers to the e-Boutique available on the digital platform dedicated to Maslo's incentives and commercial challenges.
Gift
Refers to the products available on the Platform and that Users obtain entirely with Coins. Gifts are offered by the Customer to the Beneficiaries. The Customer and the Buyer are joint debtors when the Buyer completes the purchase personally by credit card, and the Buyer is the only debtor when he purchases a gift in full by credit card.
Customer or Subscriber
Refers to the legal entity that has subscribed to access the Platform and has granted this access to the Buyer.
Coins
Refers to the gift points distributed on the platform to Users. These coins can be spent on the Maslo online store.
Maslo accounts
Jointly refer to the Subscriber Account and the User Accounts created by the Subscriber.
User account
Refers to the account assigned to the User for the use of the Service.
Personal data
Refers to any data relating to an identified or identifiable natural person.
Product
Refers to any product or service available within the Online Store and purchased in whole or in part by the User using his bank card (hereinafter “CB”).
When a product is purchased partly by payment by the User's credit card and partly by Coins, the User and the Customer are joint co-debtors.
User
Refers to natural persons, aged over 18, authorized by the Customer to use the Platform in accordance with the rights of use. The use of the Service by the User is carried out under the responsibility of the Customer.
2) OBJECT
The purpose of these Terms and Conditions is to define the terms and conditions governing the sale of Products to Users on the Online Store, as soon as the purchase is paid in full or in part by the User by credit card.
The Parties undertake to respect these terms and conditions.
3) CUSTOMER INFORMATION
The Buyer acknowledges that the information concerning him transmitted to Maslo is accurate and complete. He undertakes to inform Maslo without delay of any change in any of this information. The ticked box for acceptance of the CGV and the regulations result in the full and complete application of these general conditions of sale.
4) CONDITIONS OF APPLICATION OF THESE TERMS AND CONDITIONS
Any purchase on the Store requires the acceptance of these GCS, by means of a checkbox, constituting proof that the User has read the GCS and accepted them without reservation.
The Terms and Conditions applicable to the User are those in force on the day of their acceptance by the User.
Changes to these Terms and Conditions are enforceable against Users of the Online Store as soon as they are put online and cannot be applied to transactions concluded previously.
Any contrary condition imposed by the User would, in the absence of express acceptance, be unenforceable against Maslo regardless of when it may have been brought to his attention.
5) PRODUCTS OFFERED FOR SALE ON THE STORE
The main characteristics of the Products, comprising all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the Online Store in the Product sheets.
The Buyer is required to read it before placing an order.
The choice and purchase of a Product are the sole responsibility of the Buyer.
The photographs and graphics presented on the Store are not contractual and cannot engage the responsibility of Maslo.
The Buyer is required to refer to the description of each Product in order to know its properties, essential particularities and delivery times, as well as, in the event of continuous or periodic supply of a Product, the minimum duration of the proposed contract.
The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Buyer.
The Buyer acknowledges having the capacity required to contract and acquire the Products offered on the Store.
6) PLACING THE ORDER
It is up to the Buyer to select on the Online Store the Products he wishes to order, according to the following methods:
- Choice of the Product (s),
- Validation of attributes (sizes, colors, ... ),
- Confirmation of the delivery address provided that you are in the delivery area covered,
- Addition of the cheapest transport costs calculated automatically with Maslo partners,
- The Buyer accesses a summary of his order, which can be modified and corrected, before validating and paying for it,
- Checkbox for validating the CGV then click on the order validation icon,
- Payment by credit card via secure module,
- Validation of the order paid with the User's Coins, which are automatically deducted from the User's account, if applicable, and by credit card in addition or in full.
The Buyer has the possibility to check the details of his order, its total price and to correct any errors before confirming acceptance. It is his responsibility to verify the accuracy of the order and to report or rectify any errors immediately.
An order is registered on the Online Store when the Buyer accepts these Terms and Conditions by ticking the box provided for this purpose and validates the order. This validation implies the acceptance of all of these Terms and Conditions.
The sale is final only after the Buyer is sent to the Buyer the confirmation of acceptance of the order by Maslo by email, which will be sent without delay and after receipt by the latter of the full price due, i.e. including the payment due by the Customer in the event that the Buyer uses coins in addition to his payment by credit card.
Any order placed, validated by the Buyer and confirmed by Maslo under the conditions and according to the methods described above, on the Online Store constitutes the formation of a contract concluded remotely between the User and Maslo.
Once confirmed and accepted by the Buyer, under the conditions described above, the order cannot be modified or cancelled by the Buyer, except in cases of force majeure or exercise of the right of withdrawal.
Maslo reserves the right to cancel or refuse any order from a User with whom there is a dispute relating to the payment of a previous order.
7) RATES/REGULATIONS
The Online Store presents Products whose amount is expressed in Coins. By default, Coin parity is configured as follows: €1 (excluding VAT for European platforms/TTC for French platforms) = 1 coin. In the event of a different parity, this will be specified on the Online Store.
The price of the Product is that displayed on the Store on the day the order is placed by the Buyer. In the event of an anomaly resulting in a derisory or erroneous price being displayed on the Online Store, Maslo reserves the right to cancel the order with immediate refund.
The Products must be paid online at the time of the order, in euros and by bank card.
Payment is made on the Online Store. The payment system is the system developed by Stripe. Payment is secure.
Information relating to the Buyer's credit card is not stored electronically directly by Maslo.
In the event of late payment and payment of amounts due by the Buyer beyond the deadlines set out above, and after the date of payment appearing on the invoice sent to the latter, late penalties calculated at the monthly rate of 10% of the total amount including VAT of the purchase price, plus shipping costs, plus shipping costs, appearing on the said invoice, will be automatically and legally acquired by Maslo, without any formality or prior notice of default.
In addition, any late payment automatically leads to the application of a fixed compensation of forty (40) Euros, without prejudice to late payment penalties.
Late payment will also result in the immediate payment of all amounts due by the Buyer without prejudice to any other action that Maslo may be entitled to bring, as such, against the Buyer.
In addition, Maslo reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders made by the Buyer.
No additional costs, greater than the costs incurred by Maslo for the use of a payment method, may be invoiced to the Buyer.
The Buyer guarantees Maslo that he has the necessary authorizations to use the credit card he uses for his online purchase. Maslo will inform the Buyer in the event of non-payment or partial payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Store and the payment of an order.
Once the payment has been made, Maslo sends the Buyer a confirmation of payment by email.
Any sale is considered final after sending the order confirmation to the Buyer and after receipt by the seller of the full price, i.e. the part due by the Buyer and the part due by the Customer if the purchase is made in part with Coins.
If the Product is purchased in part with Coins, the Product will only be considered validly purchased on the day when the two co-debtors, who are the Buyer and the Customer, have paid their portion. No delivery will be made until the Product has been paid in full.
In case of unavailable stock, the order is cancelled and refunded. Only the part of the payment paid by credit card will result in a refund in euros to the Buyer. Any coins used will be re-credited.
Maslo does not discount.
8) DELIVERY OF ORDERED PRODUCTS
The Products ordered by the Buyer will be delivered in mainland France (and in the countries whose list is specified on the Store) within an average period of five (5) days for metropolitan France, and ten (10) days for other European countries from the date of shipment of the order to the address indicated by the Buyer when ordering on the Boutique.
Except in special cases or the unavailability of one or more Products, the Products ordered will be delivered all at once.
Maslo undertakes to make its best efforts to deliver the products ordered by the Buyer within the deadlines specified above.
However, these deadlines are provided for information purposes only.
If the Products ordered have not been delivered within a period of thirty (30) days after the indicative delivery date, for any reason other than force majeure or the act of the Buyer, the Buyer may notify Maslo, under the conditions provided for in article L 216-6 of the Consumer Code, of the resolution of the sale, after having given Maslo formal notice to perform within a reasonable additional period of time not respected by Maslo.
The resolution may be immediate if Maslo refuses to comply or if it is obvious that he will not be able to deliver the Products or if the delivery deadline not respected was, for the Buyer, an essential condition of the sale.
In the event of cancellation of the sale, the amounts paid by the Buyer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
Deliveries are provided by an independent carrier, to the address mentioned by the Buyer when ordering and which the carrier can easily access.
The Buyer therefore acknowledges that it is the responsibility of the carrier to make the delivery and has no warranty claims against Maslo in the event of failure to deliver the goods transported.
The Buyer is required to check the condition of the Products delivered. He has a period of four (4) days from delivery to formulate any reservations or complaints for non-conformity, defect or apparent defect in the Products delivered (for example damaged package already opened...), as in the event of failure to provide the user manual or installation instructions, with all the relevant supporting documents (photos in particular). It is then up to him to open an incident (or ticket) on the Platform in the tab intended for handling incidents. Any ticket received via another channel (email, telephone,...) or without the required documentation will be automatically cancelled. Only claims submitted within four (4) calendar days of receipt will be accepted.
After this period and in the absence of having respected these formalities, the Products will be deemed to be in conformity and free from any apparent defect, both in quality and quantity.
In the event that the Product ordered has been returned by the Buyer, Maslo reserves the right, after examining the Product, to indicate to the Buyer that the non-conformity or defect is not identified. The Product will remain stored for seven (7) days pending confirmation from the Buyer that he wants to recover the Product after payment of the corresponding shipping costs, at his expense. Once this period has passed, the Buyer will lose the right to any claim. Conversely, if the defect is identified, the Buyer will have his account credited with the number of Coins used for the purchase if applicable, including shipping costs, and will be reimbursed for the amount paid by credit card, or will be sent a new equivalent Product.
Products benefiting from their own authorized technical assistance network will be subject to the guaranteed conditions and procedures established by said network that the Buyer must undertake to respect. Maslo will not accept any Product returns that have not been previously authorized by the assignment of an RMA number (“Return Merchandise Authorization”) by Maslo's after-sales service (“after-sales service”). No returns or refunds will be authorized in the following cases:
● Loss or manipulation of one of the manufacturer's control labels and/or distribution chain intermediaries and/or Maslo's control labels;
● When the cause of the damage or failure is due to incorrect use, non-application of the instructions in the accompanying manual/instructions/recommendations, as well as accidents, misuse, shocks, breaks, accidents, or breakdowns caused by other causes not attributable to normal operating conditions;
● If the defect found is due to a lack of maintenance, adjustment, adjustment, revision or cleaning or any other defect caused by a failure by the Buyer;
● Use in environments unsuitable for the use of the Product concerned (such as in particular with dust, in particular with dust, exposed to direct sunlight, vibration, extreme temperatures [less than 5ºC and above 40ºC], humidity beyond limits [less than 10% and greater than 95%], and sockets without ground protection or surge protection);
● For the misuse of installed software or for the use of illegal software where appropriate;
● For damage caused by viruses or computer attacks.
It is recalled that the absence of reservations formulated by the Customer when the Products are delivered does not exempt the Seller from the guarantee of conformity, as described below.
Maslo has the items delivered to the address indicated by the Buyer when placing the order.
If the Buyer is absent, or if the address indicated on the day of the order is incorrect and the Product returns to Maslo, the shipping costs and management costs of a new delivery will be invoiced by Maslo to the Buyer.
No change of delivery address for Product orders can be taken into account once the Product has been sent to the carrier.
9) TRANSFER OF OWNERSHIP — TRANSFER OF RISKS
‍ ‍ Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be carried out when the Buyer physically takes possession of the Products, which therefore travel at the risk and peril of Maslo.
10) RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Buyer has a period of fourteen (14) days from receipt of the Products to exercise his right of withdrawal from Maslo, without having to justify reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days at most following the communication of the withdrawal decision.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
To exercise the right of withdrawal, the User must notify his decision to withdraw by means of a statement devoid of any ambiguity (letter sent by post, email,...) (MASLO address and email at the top of this document). The User can use the model withdrawal form but it is not mandatory.
In case of exercise of the right of withdrawal within the above period, only the price of the Product (s) purchased and the delivery costs are reimbursed; the return costs remain the responsibility of the Buyer. Maslo may defer reimbursement until it has received it or until the User has provided proof of shipment of the goods, whichever date is the first of these events.
The Buyer must return or return the goods to Maslo at the address indicated at the top of these GCS without undue delay and, in any event, no later than fourteen days after having communicated his decision to withdraw. This deadline is deemed respected if the Buyer returns the goods before the expiry of the period of fourteen days. The Buyer must bear the direct costs of returning the goods.
Only the part paid by credit card will be refunded to the Buyer's account. If the Buyer has used coins for part of the purchase, they will be credited back to his User Account.
The refund will be made within fourteen (14) days from the date of notification to the Buyer of the withdrawal decision, by the same means of payment as that used by the Buyer, unless the Buyer expressly agrees to a different method.
It is recalled that the right of withdrawal cannot be exercised for contracts:
1° For the provision of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the execution of which has begun with his prior and express agreement and with the recognition by him of the loss of his right of withdrawal, when the service has been fully performed by the professional;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° The supply of goods made according to consumer specifications or clearly personalized;
4° The supply of goods likely to deteriorate or expire rapidly;
5° For the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
6° For the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7° For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded during a public auction;
(12) The provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities that must be provided on a specific date or period;
13° For the supply of digital content without material support whose execution began before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, when:
a) He has previously given his express consent for the execution of the contract to begin before the expiry of the withdrawal period; and
b) He has acknowledged that he will lose his right of withdrawal; and
c) The professional has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of article L. 221-13.

11) GUARANTEES
11.1 Legal guarantee of conformity
Maslo undertakes to deliver goods in accordance with the contractual description as well as the criteria set out in article L217-5 of the Consumer Code.
It is responsible for conformity defects existing at the time of delivery of the Products and which appear within a period of two years from the date of delivery of the Products.
This warranty period applies without prejudice to articles 2224 and following of the Civil Code, the limitation period beginning on the day the Buyer is aware of the lack of conformity.
Defects of conformity that appear within a period of twenty-four (24) months from the delivery of the Products are, unless proven otherwise, presumed to exist at the time of delivery.
In the event of a lack of conformity, the Buyer may require the bringing into conformity of the Products delivered by repair or replacement or, failing that, a reduction in the price or the resolution of the sale, under legal conditions.
It may also suspend the payment of all or part of the price or the delivery of the benefit provided for in the contract until Maslo has satisfied its obligations under the legal guarantee of conformity, under the conditions of articles 1219 and 1220 of the Civil Code.
It is up to the Buyer to request Maslo to bring the Products into conformity, by choosing between repair and replacement. The conformity of the goods takes place within a period not exceeding thirty days following the request of the Buyer.
The repair or replacement of the non-conforming Product includes, if applicable, the removal and recovery of the Product as well as the installation of the Product brought into conformity or replaced.
Any Product brought into compliance under the legal guarantee of conformity benefits from an extension of this warranty by six months.
In the event of replacement of the non-conforming Product when, despite the Buyer's choice, compliance has not been carried out by Maslo, the replacement gives rise, for the benefit of the Buyer, to a new legal warranty period of conformity, from the date of delivery of the replaced Product.
If the requested compliance is impossible or involves disproportionate costs under the conditions provided for in article L 217-12 of the Consumer Code, the Buyer may refuse it. If the conditions provided for in article L 217-12 of the Consumer Code are not met, the Buyer may, after formal notice, continue with the forced execution in kind of the solution initially requested, in accordance with articles 1221 and following of the Civil Code.
The Buyer may finally require a price reduction or the resolution of the sale (except if the lack of conformity is minor) in the cases provided for in article L 217-14 of the Consumer Code.
When the lack of conformity is so serious that it justifies the reduction in price or the immediate resolution of the sale, the Buyer is then not required to request the repair or replacement of the non-compliant Product in advance.
The price reduction is proportional to the difference between the value of the Product delivered and the value of this good in the absence of the lack of conformity.
In the event of resolution of the sale, the Buyer is reimbursed the price paid against return of the Products that do not conform to Maslo, at Maslo's expense.
Reimbursement is made upon receipt of the non-compliant Product or proof of its return by the Buyer and at the latest within the following fourteen days, with the same means of payment as that used by the Buyer during payment, unless expressly agreed by the latter and in any event at no additional cost.
The preceding provisions are without prejudice to the possible award of damages to the Buyer, in respect of the damage suffered by the latter as a result of the lack of conformity.
11.2 Legal guarantee against hidden defects
Maslo is liable for hidden defects under the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use.
Maslo may decide to implement the guarantee against hidden defects in the Products in accordance with article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
11.3 Exclusion of warranties
Maslo cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the Products are delivered, which it is the responsibility of the Buyer to verify before placing the order,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Buyer, as in the event of normal wear and tear of the Product, accident or force majeure.
12) SALE OF ALCOHOL
Maslo recalls that the sale of alcohol is prohibited to minors. A document justifying the majority may be requested by Maslo from the Buyer if the Product purchased is alcohol.
13) RESPONSIBILITY
13.1 Maslo's liability
Maslo is in no way responsible for indirect, unpredictable or non-consecutive damages caused by the partial or total poor performance of the service. Maslo cannot be held liable for any damage caused by the fault of the Customer, the Buyer, a third party or by a case of force majeure.
13.2 Responsibility of the Buyer
The Buyer is solely responsible for paying in full by credit card or partly by coins and partly by credit card for the Product. It is also his responsibility to ensure that the Products purchased are used in accordance with their instructions for use.
14) AFTER-SALES SERVICE
For any complaint relating to a Product, the User can send a ticket from the help center on the platform.
The official languages for communicating with the point of contact are French and English.
15) PERSONAL DATA
As part of the purchase of a Product by a Buyer, Maslo collects, as data controller, the Buyer's personal data: - Email address - First name - Last name - Telephone - Telephone - Position within the client company - Address.
Maslo collects and processes the personal data of the above persons for the following purposes:
- Delivery of the Product;
- Commercial relationship, payment, billing...;
- Response to any questions/complaints;
- Management of requests relating to the exercise of rights;
- Management of unpaid invoices and disputes;
- Contract Management.
Personal data is kept for the limitation period or for the legal period for which consumer contracts are stored (10 years for purchases over €120).
Personal data is processed by Maslo's commercial and technical department as well as by Maslo's potential subcontractors, in particular the Service host, technical service providers and intermediaries. The data necessary for delivery are also transmitted to the supplier of the Product who will himself transmit the information to the deliverer.
Maslo may also communicate personal data in order to cooperate with administrative and judicial authorities.
The legal basis for processing related to the billing and management of requests to exercise rights is the legal obligation imposed on Maslo. The legal basis for processing related to prospecting for equivalent services is the legitimate interest of Maslo. If prospecting for other products is carried out by Maslo, the prior consent of the Buyer will be requested. The legal basis for the other treatments implemented by Maslo is contractual, formalized by the acceptance by the Buyer of these GCS, the purposes of these treatments being necessary for the proper performance of the contract concluded between the Parties.
The persons concerned are informed that they may exercise, in accordance with the provisions of Law 78-17 of 6 January 1978 as amended, they may exercise their rights of access, rectification, deletion, request the limitation of the processing and the portability of their data by contacting Maslo by chat or e-mail. The Buyer also has the right to register on the Bloctel telephone solicitation opposition list (https://www.bloctel.gouv.fr/).
If the response provided by Maslo does not suit him, the Buyer may, if necessary, file a complaint with the supervisory authority, the CNIL.
16) GENERAL PROVISIONS
16.1 Force majeure
None of the Parties may be held responsible for the non-performance of one of its contractual obligations due to the occurrence of a case of force majeure as defined by article 1218 of the Civil Code. For the duration of the force majeure, if the impediment is temporary (less than thirty (30) days), the force majeure event suspends the performance of its obligations for the Party relying on it, unless the resulting delay justifies the termination of the Contract (except for the obligation to pay the contractual amounts due on the date of occurrence of the force majeure event). If the impediment is permanent or of more than thirty (30) days, the Contract is resolved for the future and the parties released from their obligations, subject to notification of this resolution by the most diligent of the two Parties. In all cases, the Party affected by force majeure must take appropriate measures to avoid, eliminate or reduce the causes of the delay and resume the performance of its obligations as soon as the event invoked has disappeared. In particular, any strike, health crisis, natural disaster or network interruption (Internet, telephone) impacting the performance of the Contract is considered by the Parties as cases of force majeure.
16.2 Autonomy of stipulations
The Contract cancels and replaces all previous agreements, oral or written, between the Parties, concerning the same services. In the event that any provision of the Contract should be deemed null or unwritten by a court decision having the authority of res judicata in the main proceedings and passed into force of res judicata, the Parties agree to attempt to limit, as far as possible, the scope of this invalidity so that the other contractual provisions remain in force and that the economic balance of the Contract is respected. In this case, the Parties undertake to renegotiate in good faith the drafting of a new clause replacing the clause thus declared void.
16.3 Applicability of the provisions of the Contract
The fact that one of the Parties does not invoke any provision of the Contract at a given time cannot be interpreted as a waiver of the right to subsequently rely on any provision of this Agreement.
16.4 Evidentiary Agreement
The “clicks” of the Buyer made pursuant to the acceptance of these general conditions constitute acceptance of them.
The computerized records kept in Maslo's computer systems will be kept in reasonable security conditions and considered as proof of communications and payments between the Buyer and Maslo, if applicable.
The archiving of orders and invoices is carried out on a reliable and durable medium that can be produced as proof and to which the Buyer has access on his account and which is also sent to him by email at the time of each order.
17) APPLICABLE LAW
These terms and conditions are subject to French law.
18) DISPUTE RESOLUTION
Any dispute arising from the interpretation or execution of these Terms and Conditions will be the subject of an attempt at amicable settlement.
In the event of a dispute that may arise during the interpretation and/or execution of these terms and conditions or in connection with these GTC, the Buyer may decide to submit the dispute with Maslo to a conventional mediation procedure or any other alternative dispute resolution method.

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The Buyer can go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all approved dispute resolution bodies in France: https://webgate.ec.europa.eu/odr/.
In the event of failure of this mediation procedure or if the Buyer wishes to refer the matter to a court, it is recalled that pursuant to article L.141-5 of the Consumer Code: the consumer may, at his choice, in addition to one of the courts with territorial jurisdiction under the Code of Civil Procedure, refer to the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event.
Box inserted in the General Conditions of Sale in application of the provisions of article D 211-2 of the Consumer Code concerning legal guarantees of conformity and hidden defects

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its occurrence. When the contract for the sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.
The legal guarantee of conformity implies an obligation for the professional, where applicable, to provide all the updates necessary to maintain the conformity of the property.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of their request, at no cost and without major inconvenience for them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from an extension of the initial warranty of six months.
If the consumer requests the repair of the goods, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against the return of the goods, if: 1° The professional refuses to repair or replace the goods; 2° The repair or replacement of the goods takes place after a period of thirty days; 3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the goods no compliant, or if it supports installation costs for the repaired or replacement goods; 4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into compliance.
The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction in the price or the termination of the contract. The consumer is then not required to request the repair or replacement of the goods in advance.
The consumer is not entitled to have the sale resolved if the lack of conformity is minor.
Any period of immobilization of the property in order to be repaired or replaced suspends the warranty which remained to run until the delivery of the refurbished property.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who obstructs the implementation of the legal guarantee of conformity in bad faith incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover (article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects pursuant to articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the property is retained or to a full refund against return of the property.
Legal guarantee of conformity in case of purchase of digital content or service
The consumer has a period of two years from the supply of the digital content or digital service to obtain the implementation of the legal guarantee of conformity in the event of the occurrence of a lack of conformity. For a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity involves the obligation to provide all the updates necessary to maintain the conformity of the digital content or digital service.
The legal guarantee of conformity gives the consumer the right to bring the digital content or digital service into conformity without undue delay at his request, at no cost and without major inconvenience for him.
The consumer can obtain a reduction in the price by keeping the digital content or the digital service or he can end the contract by getting a full refund in exchange for renouncing the digital content or the digital service, if:
1° The professional refuses to bring the digital content or the digital service into compliance;
2° The bringing of digital content or digital service into compliance is unjustifiably delayed;
3° The bringing of digital content or digital service into conformity cannot take place without costs imposed on the consumer;
4° Bringing digital content or digital service into conformity causes a major inconvenience for the consumer;
5° The non-compliance of digital content or digital service persists despite the professional's unsuccessful attempt to bring it into compliance.
The consumer is also entitled to a reduction in the price or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction in price or the termination of the contract. The consumer is then not required to request that the digital content or digital service be brought into conformity in advance.
In cases where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for the payment of a price.
Any period of unavailability of the digital content or digital service in order to bring it back into conformity suspends the warranty which remained to run until the digital content or digital service is supplied again in conformity.
The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.
A professional who obstructs the implementation of the legal guarantee of conformity in bad faith incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover (article L. 242-18-1 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects pursuant to articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles you to a price reduction if the digital content or digital service is retained or to a full refund against renunciation of the digital content or digital service.