General terms and conditions of sale and use

Article #1 : Definitions

The following terms shall hereinafter mean:

• “Site” or “Service”: the website https://www.bizyness.fr and all of its pages.
• “Products”: all of the (intangible) services that may be purchased or subscribed to on the site.
• “Publisher”: the person, whether a legal entity or an individual, responsible for publishing and for the content of the site.
• “User”: the internet user using the site or one of its Products.
• “Customer”: the internet user making a purchase of a service on the site.

Article #2 : Information required by the French law on confidence in the digital economy and purpose of the site

This site is published by the company “Le Pissenlit Bleu EURL”, with share capital of 3000 €, whose registered office is located at 229 rue Saint-Honoré, 75001 Paris. The legal information concerning the host and the publisher of the site, in particular the contact details and any capital and registration information, is provided in the legal notice of this site. The 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 defined as “Online management and invoicing software for entrepreneurs”. The site is freely and freely accessible to any internet user. The acquisition of a good or a service, or the creation of a member area, or more generally browsing the site implies acceptance, by the internet user, of these general terms and conditions in their entirety, whereby the user acknowledges having taken full note of them. This acceptance shall consist, for the internet user, in ticking the box corresponding to the acceptance statement of these general terms and conditions, bearing for example the wording “I acknowledge having read and accepted all of the site’s general terms and conditions”. Ticking this box shall be deemed to have the same value as a handwritten signature by the internet user. The internet user acknowledges the evidential value of the automatic recording systems of the publisher of this site and, unless the user provides proof to the contrary, waives the right to contest them in the event of a dispute.

Acceptance of these general terms and conditions requires that users have the legal capacity necessary for this. If the user is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, a conservator or their legal representative.

Article #3 : Characteristics of the services offered

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

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

The support service is available Monday to Friday, from 9:00 am to 6:00 pm (Paris time). Requests received outside these hours are recorded and processed on the next business day.

Article #4 : Prices

The prices appearing in the catalogue are prices understood as net amounts payable in Euros. The company “Le Pissenlit Bleu EURL” reserves the right to pass on any change in the VAT rate to the price of the products or services. The publisher also reserves the right to modify its prices at any time.

Article #5 : Member or user area

The user registered on the site (member) has the possibility of accessing it by logging in using their credentials (email address defined upon registration and password). The user is entirely responsible for protecting the password they have chosen. They are encouraged to use complex passwords. In the event of a forgotten password, the member has the possibility of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in their “my account” section and the user therefore undertakes not to transmit or communicate it to a third party. Failing this, the publisher of the site cannot be held liable for unauthorized access to a user’s account.

The creation of a personal area is an essential prerequisite for any subscription or contribution by the member on this site. To this end, the member will be invited to provide a certain amount of personal information. The member undertakes to provide accurate information. The purpose of the data collection is the creation of a “member account”. This account allows the member to consult the Products subscribed to on the site and the subscriptions they hold. If the data contained in the member account section were to disappear following a technical failure or a case of force majeure, the liability of the site and its publisher could not be engaged, this information having no evidential value but only an informative character. The pages relating to member accounts may be freely printed by the holder of the account in question but in no way constitute proof; they are merely informative in nature, intended to ensure the efficient management of the member’s subscriptions and any contributions.

The publisher reserves the exclusive right to delete the account of any member who has breached these general terms and conditions (in particular, but without this example being in any way exhaustive, where the member has knowingly provided erroneous information upon registration and/or when setting up their personal area) or any account that has been inactive for at least one year. Such deletion shall not be liable to constitute damage for the excluded member, who shall not be entitled to any compensation as a result. This exclusion does not preclude the possibility, for the Publisher, of initiating legal proceedings against the member, where the facts justify it.

Article #6 : Acceptable use policy

By accepting these general terms and conditions, the user undertakes to comply with the following acceptable use policy:

• Appropriate use: the service must 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 must take measures to protect the sensitive information stored in the software, such as financial and personal data. Passwords must be complex and kept confidential, and access to the software must be limited to authorized persons.
• Compliance with laws: the user must comply with the applicable laws regarding accounting and confidentiality, including tax laws, data protection laws and sector-specific 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 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 manner that could compromise the security of the system or cause damage to the service.

In the event of a violation of this acceptable use 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 terms and 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 the financing of terrorism.
• Falsifying accounting documents to defraud the tax authorities.
• Using the service to illegally spy on or monitor the activities of third parties.
• Using the service to infringe the intellectual property rights of others, such as the illegal copying of software or music.
• Using the service to disseminate illegal or offensive content, such as hateful or pornographic messages.

Article #8 : Exemption from the publisher’s liability in the context of the performance of this contract

In the event of an inability to access the site, due to technical problems or problems of any nature, the User may not claim any damage and shall not be entitled to any compensation. The unavailability, even prolonged and without any limiting duration, of one or more products, cannot constitute a prejudice for internet users and cannot in any way give rise to the award of damages by the site or its publisher. The photographs and visuals of the products presented on the site are not contractual in nature; the liability of the publisher of this site cannot therefore be engaged if the characteristics of the items differ from the visuals present on the site or if the latter are erroneous or incomplete. The hypertext links present on this site may redirect to other websites and the liability of the publisher of this site cannot be engaged if the content of these sites contravenes the legislation in force. Likewise, the liability of the publisher of this site cannot be engaged if the visit, by the internet user, to one of these sites, causes them harm.

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

All the elements of this site belong to the publisher or to a third-party representative, or are used by the publisher on the site with the authorization of their owner. Any copy of the logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and is tantamount to counterfeiting. Any member who is guilty of counterfeiting is liable to have their account deleted without notice or compensation, and without such deletion being able to constitute damage for them, notwithstanding any subsequent legal proceedings against them, initiated by the publisher of this site or its representative.

Article #10 : Limitation of liability

The publisher of the site, in particular in the online sales process, is bound only by an obligation of means; its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of the Service or others. The company “Le Pissenlit Bleu EURL” cannot be held liable for the non-performance of the contract concluded, due to the occurrence of an event of force majeure and in particular in the event of total or partial strike of external services or disasters caused by floods or fires. Concerning the products purchased, the publisher shall incur no liability for any indirect damage arising from these terms, loss of operations, loss of profit, damage or costs, that may arise. The choice of and subscription to a Product are placed under the sole responsibility of the user. The user expressly acknowledges using the site at their own risk and under their exclusive responsibility. The site provides the user with information for indicative purposes, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist.

In any event, the publisher may in no case be held liable:

• for any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of clientele or of data that may, among other things, result from the use of the site, or on the contrary from the impossibility of using it;
• for a malfunction, an unavailability of access, a misuse, an incorrect configuration of the user’s computer, or the use of a browser rarely used by the user;
• for 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, as a result, it is the user’s responsibility to verify, or have verified by a competent person, the data and documents provided by the service in order to ensure their compliance.

Article #11 : Access to the site

The liability of the publisher of the site cannot be engaged due to a technical unavailability of the connection, whether due in particular to a case of force majeure, to maintenance, to an update, to a modification of the site, to an intervention by the host, to an internal or external strike, to a network failure, to a power outage, or to an incorrect 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 they wish to delete their account. The recovery of their data by the member is possible under the conditions specified in the section of these general terms and conditions concerning the return of data.

Article #13 : Governing law

These general terms and conditions are subject to the application of French law. They may be modified at any time by the publisher of the site or its representative. The general terms and conditions applicable to the user are those in force on the day of their subscription to a service on this site. The publisher of the site undertakes to keep the old versions of these general terms and conditions in the event of changes and to send them to any User who requests them.

Except for provisions of public policy, any disputes that may arise in the context of the performance of these general terms and conditions may, prior to 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 requests for amicable settlement do not suspend the time limits open for bringing legal actions. Except as otherwise provided, of public policy, any legal action relating to the performance of this contract must be submitted to the jurisdiction of the courts within the jurisdiction of the Court of Appeal seized.

Article #14 : Use of Cookies

A “Cookie” enables the identification of the user of a site, the personalization of their browsing of the site and the acceleration of the display of the site through the recording of a data file on their computer. The site may use “Cookies” mainly to 1) obtain browsing statistics in order to improve the User’s experience, and 2) allow access to a member account and to content that is not accessible without logging in. The User acknowledges being informed of this practice and authorizes the publisher of the site to use it. The publisher undertakes never to communicate the content of these “Cookies” to third parties, except in the event of a legal requisition. The User may refuse the recording of “Cookies” or configure their browser to be warned prior to accepting “Cookies”. To do this, the User shall configure the settings of their browser.

Article #15 : Terms of subscription to the service and description of the purchase process

The intangible object (for example a page or part of a page of the site) grouping together all the Products selected by the user with a view to a purchase or subscription shall be defined below as the “Basket”. Once the internet user considers that they have selected and added to their basket all the products they wish to purchase, they will have the possibility, in order to validate their order, of accessing a summary page on which they will be informed of the characteristics (in particular the volume and any options) of the products ordered, as well as their unit price, or the price of the subscription depending on the nature of the pricing of the service. If they wish to validate their order, the user must tick the box relating to the ratification of these general terms and conditions of sale and click on the validation button. The user will then be led to fill in the fields of an order form by providing a certain amount of personal data concerning them, necessary for the smooth running of the order. Once the user has validated this order form, they will be redirected to the online payment interface on which they will be able to make their payment with the means of payment specified in the dedicated section of these general terms and conditions, or will have access to the order form necessary to send a cheque, where applicable. After a few moments, the user will be sent an email confirming the order, reminding them of the content of the order and its price.

Article #16 : Information relating to payment

The internet user may place an order on this site and may make their payment by bank card. Payments by bank card are made by means of secure transactions provided by an online payment platform provider. Payment is made directly to the bank or the payment provider receiving the Customer’s payment. In the event of payment by cheque or bank transfer, the provision time limits defined in the article below only start to run from the date of actual receipt of the payment by the seller, the latter being able to provide proof thereof by any means.

Article #17 : Provision

The provision of the service (otherwise known as its delivery) is immediate, or requires a short time. This time may not, however, 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 limits allotted cannot be taken into account and shall release the company “Le Pissenlit Bleu EURL” from all liability towards the buyer. Upon receipt of a valid complaint, the company “Le Pissenlit Bleu EURL” will communicate to the buyer, by email, fax or telephone, the terms of reimbursement or modification of the order.

Article #18 : Termination

In accordance with Article L.221-28 of the French Consumer Code, since the company “Le Pissenlit Bleu EURL” provides access to an online tool, with initial and/or regular billing according to terms specified in the section specifying the conditions of access to the software of these general terms and conditions, the site is eligible for withdrawal, but this cannot result in the reimbursement of the sum already paid for the period already elapsed. It will therefore be a termination, with cancellation of the contract and therefore of future payments. And acceptance of these terms entails acceptance of the resulting loss of the legal right of withdrawal established in the aforementioned article.

In the event of a failure by one of the parties (Customer or Publisher of the site) to meet its contractual obligations, the contract may be terminated as of right by the other party after sending a letter of formal notice by registered mail with acknowledgement of receipt that has remained without effect. The formal notice shall indicate the failure or failures observed. In the event of termination, the Site will inform the Customer of the forthcoming termination of their subscription and the Customer shall cease using all access codes to the solutions and application services. The total or partial inability to use the Service, in particular due to hardware incompatibility, cannot give rise to any compensation, reimbursement or engagement of the publisher’s liability, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal. In the event of the non-provision of an order or part of an order, the customer has a maximum of six months (from the date of access to the online service) to come forward. Beyond this time limit, no complaint will be accepted.

Article #19 : Archiving

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

Article #20 : Terms of access to the solution

This site makes a solution available to the User on its server, accessible via the internet network. The various solution programs offered and the corresponding subscription conditions are presented on the offer pages of the site. Depending on the offer chosen, the site will communicate to the user the period of validity of their subscription. The site carries out the backup and securing of the data. The site grants the user a personal, non-exclusive, non-assignable and non-transferable right to use the solutions, for the entire duration of the contract and worldwide. The user may only use the application services and solutions in accordance with their needs and their documentation. In particular, the licence relating to the solutions is granted only for the sole and unique purpose of enabling the user to use the services, to the exclusion of any other purpose. The right of use is understood as the right to represent and implement the application services in accordance with their intended use, in SaaS (Software as a Service) mode via a connection to an electronic communications network. The user may under no circumstances make the solutions available to a third party, and strictly refrains from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive. If the site puts in place a minimum subscription commitment for certain 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 pricing pages of the site.

The site specifies on these pages whether billing is per period (per day, per month, per year, any period commenced being due, unless otherwise indicated, by the customer), or set according to a level of resource usage (any unit of resource commenced being due, unless otherwise indicated, by the customer), or any other means of access, specified on the said page.

Unless otherwise indicated upon subscription to the service, the billing method that applies is the following: Commitment period. The billing method is likewise specified on the offer or pricing pages of the site, or failing that in the section concerning the conditions of access to the solution of these general terms and conditions.

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

Article #22 : Return of data

In the event of termination of the contractual relationship, whatever the cause, the publisher of the site undertakes to destroy or return, at the Customer’s choice, upon the customer’s first request made by registered letter with acknowledgement of receipt, all of the data belonging to them in a standard format that is easily readable in an equivalent environment; the precise format of the data may where applicable be specified during exchanges between the site and the customer. The customer shall actively collaborate with the site in order to facilitate the recovery of the data. 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 : Severability of the terms

If a provision of these general terms and conditions is deemed illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the general terms and conditions and shall not affect the validity and enforceability of the remaining provisions. These terms describe the entire agreement between the user and the website. They supersede all prior or contemporaneous agreements, whether written or oral. The general terms and conditions are not assignable, transferable or sublicensable by the user themselves. A printed version of the general terms and conditions and of all notices given in electronic form may be requested in legal or administrative proceedings relating to the general terms and conditions. The parties agree that all correspondence relating to these general terms and conditions must be written in the French language.

Article #24 : Notices

Any notification or notice concerning these general terms and conditions, the legal notice or the personal data charter must be made in writing and must be delivered by hand, by registered or certified mail, by the Post Office or any other nationally recognized courier service that allows for the regular tracking of its parcels, or by email to the addresses indicated in the legal notice of the site, specifying your surname, first name, contact details and the subject of the notice.

Article #25 : Inaccuracies

It is possible that there may be found, throughout the website and the services offered, and to a limited extent, inaccuracies or errors, or information that is at odds with the general terms and conditions, the legal notice or the personal data charter. In addition, it is possible that unauthorized modifications may be made by third parties on the site or on ancillary services (social networks, etc.). We make every effort to ensure that this kind of discrepancy is corrected. In the event that such a situation escapes us, please contact us by postal mail or by email at the addresses indicated in the legal notice of the site with, if possible, a description of the error and its location (URL), as well as sufficient information to enable us to contact you. For requests relating to copyright, please refer to the section on intellectual property.

Article #26 : Complaints

Any complaint relating 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 terms and conditions, legal notice 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 complaint has not been filed within the following 365 days, such a complaint shall be forever unenforceable in law.