Terms of sale
Terms of sale
Preamble
Entry into force: 30 March 2023
INFINIWAVE LIMITED
77, LOWER CAMDEN STREET,
DUBLIN D02 XE80
Ireland
Registration number 737750 and VAT number 4162209VH
The present Conditions General from Sale (ci–after known as "Conditions") apply without restriction or reservation to the sale of Services of the https://perso1.com/ (the "Site") and set out the rights and obligations of Infiniwave Limited (the "Seller" or "Infiniwave Limited") and the Customer (the "Customer"). The Terms may be viewed on the Site and/or made available to any User.
All Customer and User acknowledges and accepts that any order placed for Services from Sales implies unreserved acceptance of the Conditions. He acknowledges having read the Conditions before placing any order. La current version of the Conditions is the only one that can be used against Customers and Users from Website.
For the useful life of the Website and until a new version replaces them, Infiniwave Limited reserves the right to modify these Conditions at any time without notice to Users and Customersbut the Conditions applicable are those online at the time the order is placed. Ordering.
For any subscription to Products and Services from Salesthe Conditions prevail over any other document issued by Infiniwave Limited or any other Conditions General d'Buy. Le Sales reserves the right to derogate from certain clauses of the present contract or to establish Conditions Special.
These Conditions came into force on 30 March 2023.
Article 1 - Definitions
At terms hereof Conditionsthe following terms shall be understood to mean follows :
"Subscription"refers to the subscription package taken out by the customer. Customer on the Website and offering associated services;
"Customer"designated in accordance with the provisions of the introductory article of the Consumer Rights Act of 2022A person acting for purposes which are wholly or mainly outside his trade, business, craft or profession;
"Account customer": refers to the customer's personal space. Customer where they can (i) consult their invoices, (ii) modify their personal information, (iii) consult the results of their tests;
"GENERAL TERMS AND CONDITIONS"orConditions"refers to these terms and conditions of sale;
"Ordering"refers to any order placed by a customer. Customer on the Website ;
"Services"refers to services sold by the Website ;
"Website"refers to the site https://perso1.com/ operated by the Seller and made available to the User ;
"Prices"refers to the price applicable to the product.Subscription communicated to Customers via the Website before the order is confirmed;
"User"refers to any user of the Website.
At hereunder, the Customer, l'User and the Sales can be referred to individually as thePart"and collectively as theParts".
ARTICLE 2 - PRESENTATION FROM SERVICES
2.1 Provisions preliminaries
The services that the Customer can order are those presented and detailed on the Website. The Services are described and presented as accurately as possible. HoweverIn the event of errors or omissions in this presentation, the responsibility of the Sales shall not be held liable. The photographs accompanying the presentation of Services are not contractual and therefore the company cannot be held liable for them. Sales.
2.2 Information pre-contractual
Le Customer acknowledges that, prior to placing the order and entering into the contract, it has been provided, in a legible and comprehensible manner, with these general terms and conditions of sale and all the information contained in the appendix. 3 of the Consumer Rights Act of 2022.
The The following information is sent to the Customer clearly and understandable :
- The the main characteristics of the goods, digital content, digital service or service provider. service,
- Le clear prices for goods, digital content and digital services or
service,
- Visit in the case of a contract involving a subscription, the cost per billing period.
2.3 Services and Products
Le Customer can acquire several Products via the Websitea list of which is available on the Website when the Customer consult him.
Le Website allows Users take personality tests. Le The test can be carried out by creating a customer account or in "guest" mode.
After having completed the questionnaire, the Customer is required to pay for the service in order to receive the results.
A Once payment has been made, the results of the personality test are sent by e–mail to Customer.
Le Customer must be particularly careful when completing the personality questionnaire. No No new reports or amendments to reports will be authorised in the event of truncated, incorrect or missing answers.
2.4 Subscription
Visit placing an order for a personality (article 2.3), the Customer automatically takes out a subscription for Services from Website (this–after theSubscription"), which allows you to take as many personality tests as you wish. All test results are sent by e-mail and are available in the Customer Account.
The Subscription is valid for one Customer only. All Customers are prohibited from communicating their access codes or their account to a third party. Any breach by a Customer of this provision will result in the Customer being held liable and may give rise to the immediate termination of their Subscription without notice, as well as the payment of damages to the Vendor.
As soon as the account is created - after the first personality test has been ordered - the Subscription is launched after the first 24-hour trial period. The Customer therefore has 24 hours to prevent the Subscription from being launched and to unsubscribe. After this period, the Subscription will be automatically set up.
Subscriptions are taken out for a period of one (1) month and are automatically renewable from month to month. Any Customer wishing to unsubscribe may do so at any time by clicking on the "Unsubscribe" tab to cancel their subscription. The subscription will end at the end of the month, with any month started being due.
2.5 Creating a Customer Account
In order to place an order for the Site's Services, the User may create a Customer Account or place an order in "guest" mode. However, once the Customer has ordered the results of their personality test, a Customer Account is automatically created for them on the Site.
For the creation of his account, he will be asked to define a login and a password. The Customer is solely responsible for the security and confidentiality of his login and must notify INFINIWAVE LIMITED without delay in case of loss or theft of the Customer's login leading to fraudulent use of his personal account.
If the Customer wishes to change his/her login details or if he/she suspects that they have been used fraudulently, he/she must contact the Seller's customer service department without delay by sending an e-mail to the following address: contact@perso1.com
Access codes are for personal use only. The Vendor may not be held liable in the event of loss or theft of the Customer's identifiers or fraudulent use of the Customer's account.
ARTICLE 3 - PLACING AN ORDER
To place an order on the Site, the User must follow the steps below:
3.1 Ordering a personality test
See the terms described in article 2.
3.2 Contact details
The Customer must then indicate their surname, first name and the e-mail address to which they wish to receive their test. The Customer must indicate whether they wish to receive communications from the Seller by ticking the appropriate box.
3.3 Payment of the price
The Seller may apply discounts and promotions to the Services and Products. The final price displayed is the price after deduction of any discounts and promotions. Discounts and promotions cannot be accumulated and are only applicable once per Customer.
3.4 Approval
Before proceeding with payment, the Customer must accept the applicable General Terms and Conditions of Sale by ticking the box provided for this purpose, as well as the waiver of the right of withdrawal concerning the personality test. This validation implies acceptance of all the General Terms and Conditions of Sale. Any order placed by the Customer implies acceptance of the prices and descriptions of the Services purchased. Following payment, the Customer will receive an e-mail summarising their order. D
On receipt of payment, the sales contract is concluded between the Customer and the Seller.
ARTICLE 4 - CONTROL OF ORDERS
The Vendor reserves the right to suspend the processing of any order and any Service in the event of refusal to authorise payment by officially accredited payment organisations or in the event of non-payment of the order or of a monthly Subscription payment.
ARTICLE 5 - PAYMENT PROVISIONS
5.1 Prices
The Seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
5.2 Payment incidents
The Customer is hereby informed that any delay in payment of all or part of a sum due on the due date will automatically entail the acceleration of all sums due by the Customer and immediate payment.
In addition, any late payment of invoices, from the day following their due date, will automatically result in the application of late payment penalties calculated on the unpaid amount excluding taxes and equal to at least three times the legal interest rate in force. They are due automatically and without notice.
In addition, for business Customers, in accordance with European Directive 2011/07/EU, in the event of late payment or non-payment, the Seller is entitled to compensation for costs incurred as a result of late payment, as well as additional collection costs of €40.00.
Infiniwave Limited may automatically suspend all outstanding orders, of whatever nature and stage of progress, in the event of late payment by the Customer. Such suspension shall not be deemed to be a termination of the Contract by the Seller nor shall it entitle the Customer to any compensation.
5.3 Cancellation and modification of orders
No order, once placed, may be modified or cancelled once it has been paid for, except for the exercise of the right of withdrawal (Article 6) and the cancellation of the Subscription (Article 2.4).
ARTICLE 6 - RIGHT OF WITHDRAWAL
6.1 Provisions applicable to the personality test
In accordance with Section 5 of Article 111 of the Consumer Rights Act 2022, the right of withdrawal does not apply to: " -
a) a contract for the provision of services, where the service has been fully provided and the provision of the service has begun with the prior express consent of the consumer and the acknowledgement that he will lose the right of withdrawal once the service has been fully provided by the trader
[...]
c) A contract under which the trader provides or undertakes to provide a digital service to the consumer and under which the consumer pays or undertakes to pay the price of the digital service, where - the consumer pays or undertakes to pay the price of the digital service.
i. the digital service has been fully provided, and
ii. the provision of the digital service has begun with the prior express consent of the consumer and the acknowledgement that he will lose the right of withdrawal as soon as the digital service has been fully provided".
By placing an order on the Site for a personality test, the Customer is therefore informed of this provision. They acknowledge that they have been informed that, once the order has been paid for, the Customer consents to the Service being initiated by the Vendor, to the Customer having access to the digital content provided by the Vendor (the result of the personality test) and, consequently, to the Customer waiving the right of withdrawal.
6.2 Provisions applicable to the subscription
In accordance with Article 113.2 of the Consumer Rights Act 2022, the Customer has a period of fourteen days in which to exercise his right of withdrawal from a digital service contract without having to justify his decision or bear any costs other than those provided for in Article 112.2.d of the Consumer Rights Act 2022.
However, as soon as the Customer has completed at least one (1) personality test as part of their Subscription (in addition to the initial personality test), they waive their right of withdrawal.
If the right of withdrawal is applicable, the Customer has a period of fourteen (14) days from receipt of his/her request for withdrawal, for whatever reason, to obtain reimbursement of his/her order. The Customer will be reimbursed for the sums paid by transfer to their bank card within fourteen (14) days of receipt of their request to exercise their right of withdrawal.
To exercise their right of withdrawal, Customers must send an e-mail using the form below:
[Complete and return this form only if you wish to cancel the contract].
At [here the name of the retailer, the geographical address and the e-mail address must be inserted by the retailer] :
I/We [*] hereby notify you [*] that I/we [*] cancel my/our [*] contract for the sale of the following goods [*]/the provision of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) [only if this form is submitted on paper],
Date
ARTICLE 7 - OBLIGATIONS AND LIABILITIES
7.1 General provisions
The Customer guarantees that the information provided at the time of an order or subscription
to a Subscription are accurate and complete. The Customer undertakes to inform the Vendor of any changes to the information provided.
The Customer is responsible for the use of their personal account by themselves or by any other person, except in the case of obvious fraud.
Any abusive or fraudulent behaviour will result in the deletion of the Customer Account and the termination of the Subscription, without prejudice to any other rights of the Vendor and/or third parties.
The Seller may not be held liable for the consequences of the use of the Site by Users and Customers who do not comply with these Conditions.
The Customer undertakes to use the Site in accordance with the Conditions and the regulations in force, and not to infringe the rights of third parties or public order. The Seller reserves the right to refuse to provide Services or to delete a Customer Account if the Customer breaches these obligations.
In the event of a dispute between a Customer and a third party, each party undertakes to indemnify and hold harmless the Seller against any action, claim or legal demand arising from this dispute.
7.2 Subscription provisions
The Customer undertakes not to use the Subscription for fraudulent activities. Any use of the Subscription for fraudulent purposes will give rise to legal proceedings.
The Customer undertakes not to communicate his/her access codes to a third party. Any breach of this provision may result in termination of the Subscription.
The Customer undertakes not to use the Subscription to store or distribute illegal or inappropriate information. The Vendor reserves the right to terminate the Subscription immediately if a Customer uses the Subscription inappropriately.
7.3 Provisions relating to the Site
The Customer acknowledges and accepts that the Site, the Services and the Products are provided "as is". The Seller does not guarantee that the Site, the Services or the Products meet the Customer's needs or that they will be uninterrupted, secure or error-free. The Customer uses the Site at its own risk.
7.4 Provisions relating to the results of the personality test
The results of the personality tests offered on the Site are provided for information purposes only. They are not intended to replace the advice of a health professional or psychologist. The Seller cannot be held responsible for the use made of these results. The Customer is encouraged to consult a health professional or psychologist if necessary.
7.5 Limitation of liability
The Vendor may not be held liable in the event of failure to perform or improper performance of the contract due either to an act of the Customer, or to the insurmountable and unforeseeable act of a third party to the contract, or to a case of force majeure.
The Seller shall not be held liable for any delay or non-performance resulting from the unavailability of part of the Site, interruptions in the energy supply, fire, strikes, Internet access malfunctions, computer viruses, war, riots, telephone service failures, breakdowns and interruptions or any other cause not attributable to the Seller.
7.6 Force majeure
In the event of force majeure, the Party prevented from performing shall inform the other Party in writing within fifteen (15) days of the occurrence of the event, notifying it at the same time of its termination. The Parties agree to agree the conditions for the continued performance of the contract.
In the event of force majeure, the Parties agree to extend the delivery period by a period equal to that of the suspension of performance.
ARTICLE 8 - DURATION OF THE CONTRACT
The provisions of these Terms and Conditions apply for the entire duration of the Subscription, without prejudice to any other agreement concluded between the Parties.
The Customer may cancel his Subscription at any time in accordance with article 2.4 of these Terms and Conditions.
The Vendor may terminate a Subscription in the event of non-payment or abusive behaviour by the Customer in accordance with article 7.1.
ARTICLE 9 - TERMINATION
The Vendor may terminate a Subscription at its own initiative, by simply notifying the Customer by e-mail.
The Customer may cancel a Subscription by simply notifying the Vendor by e-mail.
In the event of cancellation of a Subscription, the Services are immediately interrupted. The Vendor is not obliged to reimburse the Customer for any sums paid for unused Services.
ARTICLE 10 - MODIFICATION OF CONDITIONS
The Seller reserves the right to modify these General Terms and Conditions of Sale at any time. The Conditions applicable are those in force on the date the order is placed.
Amendments are binding on the Customer as soon as they are posted online on the Site. It is the Customer's responsibility to read the General Terms and Conditions of Sale regularly to take note of any changes. In the event of disagreement with the new General Terms and Conditions of Sale, the Customer must stop using the Site and terminate their Subscription in accordance with article 2.4.
ARTICLE 11 - APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by Irish law. Any dispute relating to their validity, interpretation or performance shall fall within the jurisdiction of the Irish courts.
ARTICLE 12 - SELLER'S CONTACT DETAILS
The Seller is Infiniwave Limited, a company registered in Ireland with company number 737750, whose address is 77 Lower Camden Street, Dublin D02 XE80, Ireland. The Seller is registered under VAT number IE4162209VH.
Customers may contact the Seller at the following e-mail address: contact@perso1.com