General Terms and Conditions of Sale and Use

1 – Scope of application

These terms and conditions apply to all use of the https://elyseummanagement.com website by natural or legal persons who are of legal age and/or legally capable.

This document applies, without restriction or reservation, to all services provided by the Service Provider in France and abroad. No special conditions may, unless expressly agreed in writing and signed by the Customer and the Service Provider, prevail over these General Terms and Conditions of Sale and Use. Should any clause of these General Terms and Conditions of Sale be null and void or annulled, the other clauses shall not be rendered null and void.

Any use of the Site implies that the User has read and accepted the General Terms and Conditions. Before validating any order, the User must acknowledge that he/she has read the General Terms and Conditions of Sale and Use (GTCSU) and accepts them. To this end, no handwritten signature will be required. In any event, the GCSU may be accessed at any time from the Website. The Service Provider reserves the right to amend the GTSU in order to adapt them to the terms and conditions of sale and operation of the Website and a Service.

2 – Glossary

Customer: Any natural or legal person who has a personal account on the Site.

Site: Designation of the https://elyseummanagement.com sales platform.

Seller: Professional, supplier of products or services intended for sale on the Site.

                Also referred to as the Service Provider.

Service Provider: Professional who provides Services offered on the Site.

Service: Any Service offered on the Site.

User: Any person who visits the Site and/or requests the creation of a personal account.

3 – Identification of the Service Provider and the Site

The micro-enterprise Elyseum Management is domiciled at 8 Rue Jean Mermoz Saint-Tropez.

The Service Provider can be contacted :

By e-mail at the following address: contact@elyseummanagement.com

By telephone at :

By post at the following address: 8 Rue Jean Mermoz Saint-Tropez

The https://elyseummanagement.com website is published by Elyseum Management and hosted by ionos.

SIRET 97762959100024

4 – Purpose

The service provider, in this case Elyseum Management, negotiates collaborations with interested advertisers on behalf of the client and draws up collaboration contracts for social networks (negotiations with advertisers interested in advertising on your social networks).
Elyseum Management does not approach advertisers and does not guarantee or promise any offers from potential advertisers.

Within the framework of its services, the Service Provider may call upon external professionals, which the Customer accepts and acknowledges.

5 – Rates

Rates are freely set by the Service Provider and may vary depending on the scope and nature of the Service to be performed. Any additional costs (travel, accommodation, etc.) or surcharges may apply if the nature of the Service is specific.

In any event, the total amount is indicated to the Customer prior to validation of the order and payment. Failing this, any surcharges that may be applied will be expressly specified to the Customer. Prices are in euros and are indicated exclusive of tax (HT).

No reminder is required for the application of late payment penalties, which run automatically from the 1st day of late payment. The amount of the penalties is calculated by applying three times the legal interest rate in force at the time of the incident to the outstanding sums. In addition, a flat-rate indemnity for collection costs of 40 euros will apply in accordance with article D 441-5 of the French Commercial Code.

6 – Payment methods

The Customer selects the method of payment at the end of the order process and has the option of paying by :

  • Credit card
  • Paypal
  • Stripe
  • Mollie
  • Klarna

7 – Provisions applicable to the performance of Services

7.1 – The Services

The Services are those offered by the Service Provider and related to its aforementioned activity, subject to its availability and the feasibility of the request and the Customer’s requirements.

7.2 – How the Service is provided

The Service Provider

                                intervenes on request and according to its availability

            .

All requests must be made by the Customer:

  • Via the website

7.3 – Delivery of the Service

Once the Service has been completed, it is considered to have been delivered once it has been handed over to the Client in its entirety or once it has been completed in accordance with what has been agreed between the Parties.

7.4 – Termination and interruption of the Service

The Service may be terminated by mutual agreement between the Parties or at the initiative of one of the Parties in the event that the other Party fails to comply with its commitments, in which case the legal and regulatory provisions shall apply. In the event that the Service is stopped or interrupted during the course of its provision at the Customer’s initiative, unless otherwise agreed between the Parties,

8 – Right and period of retraction

Your Contract is concluded for an indefinite period with or without an initial commitment period (24 months maximum), depending on the offer (promotional or otherwise) that you have chosen.

In accordance with the provisions of the Consumer Code, the individual Customer has a period of fourteen days to exercise his/her right of withdrawal, provided that the Service has not been started at his/her request.

In order to exercise their right of withdrawal, Individual Customers must send a written declaration by post or electronically to the contact details given above in these GTC before the fourteen day period expires.

The Service Provider provides its Customers with a model withdrawal form worded as follows:

“For the attention of Elyseum Management,

Ordered on / received on : XXX

Consumer’s name: XXX

Consumer’s address: XXX

Date: XXX

Consumer’s signature: XXX “

In the event that the Customer has already paid for all or part of their order, the Service Provider will refund the amount received within 14 days of the date on which the Customer exercised their right of withdrawal.

9 – Liability

The Service Provider is bound by a best endeavours obligation with regard to the Service delivered to the Customer. Consequently, the Service Provider undertakes to deliver the Service in accordance with what has been agreed between the Parties and, in particular, to ensure that it is functional, but under no circumstances does it have an obligation to achieve results in terms of the use that the Customer may make of it.

The Company may not be held liable for the non-execution or poor execution of the GTS in the event of force majeure, the occurrence of an event attributable to the Client or any unforeseeable and insurmountable inconvenience or damage inherent in a third party or in the use of the Internet network.

Nor can the Company be held liable in the event of indirect damage.

The Service Provider shall be liable for the Service delivered to the Customer and for any failure to meet its commitments. Its liability is strictly limited to the amount of the Services sold. The Service Provider’s liability shall in no event be based on the direct or indirect consequences, whether to persons or property, of any damage or malfunction of a Service other than in accordance with legal provisions of public order, in the event of misuse of the Service and the services offered, the content and any cause unrelated to the Service Provider.

10 – Intellectual property

In accordance with article L122-4 of the French Intellectual Property Code, “any representation or reproduction in whole or in part without the consent of the author or his successors or assigns is unlawful. The same applies to translation, adaptation, transformation or reproduction by any art or process whatsoever”. The Customer only has the right to use the Services, their content and all elements, whether visual or audio, texts, layouts, illustrations, photographs, documents and all elements that may be made available to the Customer, in accordance with the Customer’s or their use, instructions, user guides and applicable legal and regulatory provisions.

The Service Provider retains all copyright and industrial and intellectual property rights relating to the brand, products, drawings, models, photographs, catalogues and technical documentation, which may not be copied, reproduced or re-used without the Service Provider’s express prior written consent.

Failure to comply with these provisions may result in prosecution.

11 – Protection of personal data

In accordance with Law no. 78-17 of 6 January 1978 and the provisions of the General Data Protection Regulation (RGPD) no. 2016/679, the Customer has the right to question, access, modify, oppose and rectify his/her personal data by contacting the Service Provider:

By e-mail to the following address: conatct@elyseummanagement.com

By post at the following address: 8 Rue Jean Mermoz Saint-Tropez

12 – Force majeure

The Service Provider may not be held liable if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale is due to a case of force majeure within the meaning of Article 1218 of the French Civil Code.

13 – Applicable law and jurisdiction

These general terms and conditions are subject to French law. French law and the French courts shall have jurisdiction in the event of any dispute or litigation between the Parties.

In the event of a complaint following an order, the Customer may contact customer services to find an amicable solution at the following address: contact@elyseummanagement.com

If the dispute persists, the Customer may contact the European Commission’s online dispute resolution service at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Terms and Conditions of Use of the Site

14 – Users

All Users undertake to make appropriate use of the Site, to provide truthful information about their structure, their contact details and about all the information communicated at the time of their registration request.

15 – Customers

Each Customer undertakes to keep their data up to date each time they use it on the Site. They also undertake not to engage in any illicit or illegal activities and not to disseminate any content or propaganda that is contrary to public decency, good faith or public order.

16 – Registration procedures

Each User must provide the information requested by the Site in order to create an account, namely:

  • Last name
  • First name
  • Date of birth
  • Postal address
  • Email address
  • Telephone number

The User will create a personal and unique password on this occasion. The Customer must accept these general terms and conditions of sale and use, which can be downloaded at any time. As soon as the creation of the account has been validated, a confirmation e-mail will be sent to the address communicated on this occasion.

17 – Ordering process

All orders are subject to the creation of a personal account or a connection to an existing account, where applicable. The Customer will be given all the information relating to the Services, their description and their reference number, before validating the order. The order process is as follows:

  • Selection of a Service(s) available on the Site and desired by the Customer and addition of the product(s) to his/her online basket,
  • Once the selection has been made and before the order is validated, the Customer has access to his/her basket and to a summary of the Service(s) desired, the unit price of each item, any delivery charges and the total amount. They can add or delete items.
  • The Customer selects the desired method of payment and makes the payment (except in exceptional cases).
  • The order is validated once payment has been accepted. The Customer then receives all the information required to confirm their order.

The Customer has access to all the legal information contained in the General Terms and Conditions of Sale and Use (which can be consulted or downloaded at any time) and in the order confirmation e-mail (which can be printed at any time).

18 – Liability relating to Use of the Site

The Site may not be held liable for damages of any nature whatsoever, which may result from errors or omissions in the content, a lack of availability of the Site or the transmission of viruses, malicious or harmful programmes, despite the fact that all technological measures aimed at avoiding this inconvenience have been adopted. The Site declines all responsibility for the possible consequences of a User’s connection to the Site via an unsecured and/or faulty Internet network.