Terms of Services

General conditions of sale of services between professionals on the internet

PREAMBLE

The general conditions of sale described below detail the rights and obligations of the website curo816.coml and its client in connection with the sale of its services.

Any service performed by the website curo816.com therefore implies the buyer’s unreserved acceptance of these general conditions of sale.

ARTICLE 1 - PRINCIPLES

These general conditions concern the provision of services provided between professionals (provider / buyer).

These general conditions express all the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale prevail over any other document, and in particular over all general conditions of purchase. They apply, without restriction or reservation, to all services rendered by the service provider to buyers of the same category.

The service provider and the buyer agree that these general conditions exclusively govern their relationship. The service provider reserves the right to modify its general conditions from time to time.
They will be applicable as soon as they are put online.

If a condition for the provision of services were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector, the companies of which are headquartered in France.

These general conditions of sale are communicated to any buyer who requests them, in order to allow him to place an order.

The supplier reserves the right to derogate from certain clauses hereof, depending on the negotiations conducted with the buyer, by establishing special conditions of sale.

The service provider can, moreover, establish categorical general conditions of sale, derogations from these general conditions of sale, according to the type of buyer considered, according to criteria which will remain objective. Buyers meeting these criteria will then be subject to these categorical general conditions of sale.

These general conditions of sale are applicable until February 11, 2028.

ARTICLE 2 - CONTENT

The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the online sale of the services offered by the service provider to the buyer. They concern the following services: energy care for places and people.

These conditions only concern services provided in France for buyers located on French territory. For any service performed outside of France, or for a buyer located outside of France, it should be indicated to obtain a specific quote.

ARTICLE 3 - THE ORDER

The buyer places his order online, from the online catalog and using the form on the site.
For the order to be validated, the buyer must accept, by clicking at the place indicated on the site, these general conditions. Its acceptance will result in the sending of a confirmation email from the service provider, in accordance with the conditions described below.

Payment is made by direct debit.

Any order implies acceptance of the prices and descriptions of the services offered.
In certain cases, in particular non-payment, incorrect address or other problem on the buyer’s account, the service provider reserves the right to block the buyer’s order until the problem is resolved.

If it is impossible to perform the service, the buyer will be informed by email.

The cancellation of the order for this service and its possible reimbursement will then be made, the rest of the order remaining firm and final.

For any question relating to the follow-up of an order, the buyer must call 06 51 95 36 98, from Monday to Friday and 10 am to 4:30 pm (cost of a local call).

ARTICLE 4 - ELECTRONIC SIGNATURE

The online supply of the buyer’s bank details and the final validation of the order will constitute proof of the buyer’s agreement and will be worth:

 payment of the sums due under the order form;
 signature and express acceptance of all operations carried out.
In the event of fraudulent use of bank details, the buyer is invited, as soon as this use is noted, to contact +86 188 1806 1803.

ARTICLE 5 - ORDER CONFIRMATION

The contractual information will be confirmed. by e-mail at the latest at the time of the start of performance of the services, to the address indicated by the purchaser in the order form.

ARTICLE 6 - PROOF OF THE TRANSACTION

The computerized registers, kept in the computer systems of the service provider under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.

ARTICLE 7 - INFORMATION ON SERVICES

The services governed by these general conditions are those which appear on the service provider’s website and which are indicated as carried out by the service provider or under his control. They are offered within the limits of the service provider’s availability.

The services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the provider cannot be held liable.

ARTICLE 8 - PRICE CALCULATION

Unless otherwise agreed, the price of services is established according to the number and experience of the staff required, the level of competence and responsibility required; hourly rates are revised periodically. Travel, living and accommodation expenses incurred for the performance of the services will also be invoiced, if applicable. VAT at the rate in force is added, where applicable, to fees and disbursements. Delays or other unforeseen problems, over which the service provider has no control and which are beyond its control, may result in additional fees which may be subject to additional invoicing. The service provider undertakes to inform the buyer of these delays and / or problems as soon as they arise in order to be able to assess the consequences with him. Invoices will be issued corresponding to the services provided and the disbursements incurred by provision and as and when they are carried out. Unless otherwise agreed, invoices are issued monthly. Payment of invoices is due: upon receipt.

Late penalties
According to the law, any delay in payment obliges the provider to charge penalties. The rate of late payment penalties is established on the basis of the minimum rate, ie 3 times the legal interest rate; Furthermore, the late debtor will be required to pay the service provider a lump sum indemnity for recovery costs of 40 Euros; in addition, the service provider will be entitled to suspend the performance of the services until full payment of the unpaid invoice without this non-performance being able to be considered as being attributable to him.

ARTICLE 9 - METHODS AND DELAYS OF PAYMENT

Payment

Payment for the order is made by direct debit from the buyer’s bank account, or by check. The buyer must enter his bank details in the place provided and confirm this entry by adding his computer RIB as an attachment to the order form. The service provider reserves the right to suspend any order management and any delivery in the event of a refusal of payment authorization by officially accredited bodies or in the event of non-payment. The service provider reserves the right to suspend any order management and any delivery in the event of non-payment.

The service provider reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.

Payment deadline

Payment of the price is made in full on the day of the order, according to the following terms:

 by check ;
 by bank transfer.
As indicated on the invoice delivered to the buyer.

Late payment penalties

In the event of late payment, the service provider may suspend all pending orders, without prejudice to any other course of action.

Any sum not paid on the due date appearing on the invoice automatically entails the application of late payment penalties equal to three times the legal interest rate.

These penalties will be payable by simple request from the service provider.

The buyer in a situation of late payment is automatically liable, with regard to the service provider, for a lump sum indemnity for recovery costs of 40 euros.

If the recovery costs actually incurred are greater than this lump sum, in particular in the event of recourse to a firm responsible for reminders and collection, the service provider may request additional compensation, upon justification.

These penalties will be payable by simple request from the service provider.

In the absence of payment of the sums due on the due date, the service provider may also, by operation of law, terminate the contract by registered letter with acknowledgment of receipt and retain, by way of compensation, the deposit paid on order.

ARTICLE 10 - DEADLINES FOR PERFORMANCE OF SERVICES

Unless there are specific conditions specific to the sale, the performance of the services will be carried out within the period agreed with the client when placing the order.

Except in cases of force majeure or during periods of closure of the online office which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For any service giving rise to the establishment of a personalized quote, the execution period is 15 days from the date of validation of the order.

In the event of non-compliance with the contractual conditions, the buyer may terminate the contract by registered letter with acknowledgment of receipt, after having enjoined the service provider to perform the service within a reasonable additional period.

ARTICLE 11 - OBLIGATIONS OF THE BUYER

In order to facilitate the proper execution of the services, the buyer undertakes:

 to provide the service provider with complete and accurate information and documents without requiring him to verify their completeness or accuracy;
 to make decisions in a timely manner and obtain the necessary hierarchical approvals;
 to ensure that the essential contacts for the performance of the services are available throughout the performance of the services;
 to notify the service provider directly of any difficulty relating to the performance of the services.

ARTICLE 12 - OBLIGATIONS OF THE SERVICE PROVIDER

The service provider undertakes to provide the services in accordance with the rules of the art and in the best possible way, under an obligation of means.

ARTICLE 13 - INFORMATION AND ADVERTISING

The buyer acknowledges having been informed of the characteristics and constraints, in particular technical, of all the services. The buyer undertakes to inform the service provider of any particular circumstance likely to affect the performance of the services.

The buyer undertakes to maintain the confidentiality of the methods and know-how of the service provider.

ARTICLE 14 - LIABILITY OF THE SERVICE PROVIDER

The service provider is liable for direct damage caused to the buyer resulting from breaches in the performance of its services.

In any event, the service provider cannot be held liable in the following cases:

 following a failure or deficiency of a product or service whose supply or delivery is not its responsibility or that of its possible subcontractors;
 for facts and / or data which do not fall within the scope of the services, and / or which are not an extension thereof;
 in the event of use of the results of the services, for a purpose or in a context different from that in which it intervened, of erroneous implementation of the recommendations or failure to take into account the reservations of the service provider.

The service provider cannot be held liable for indirect or unforeseeable damage.

Indirect and / or unforeseeable damage consists in particular of loss of profit, loss of opportunity, loss of profits, loss of contract, loss of image, loss of reputation, commercial damage, loss of customers, loss of turnover, loss of data, etc.

The service provider cannot be held liable either for the destruction of files or programs belonging to the buyer or belonging to him. The buyer undertakes to ensure the backup of his files and programs.

In any event, the amount of the service provider’s liability is strictly limited to the reimbursement of the amount of the services paid by the buyer on the date of occurrence of the event giving rise to the liability.

This clause is essential for the service provider and is part of the price agreement.

ARTICLE 15 - CONFIDENTIALITY - PERSONAL DATA

Confidentiality

All information exchanged between the parties is confidential, except for information which is in the public domain or which must be disclosed in application of a law or a court decision.

Personal data

The service provider informs the buyer that the collection of his personal data is necessary for the sale of the services and their performance and delivery, as well as their transmission to third parties involved in the performance of the services. This personal data is collected only for the performance of the sales contract.

15.1 Collection of personal data

The personal data that are collected on the site www.curo816.com are as follows:

Account opening

When creating the client / user account:

Names, first names, postal address, telephone number and e-mail address.

Payment

As part of the payment for the services offered on the site www.curo816.com, the latter records financial data relating to the bank account or credit card of the client / user.

15.2 Recipients of personal data

Personal data is reserved for the sole use of the service provider and its employees.

The controller is the service provider, within the meaning of the Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.

15.3 limitation of processing

Unless the client expressly agrees, his personal data is not used for advertising or marketing purposes.

15.4 Data retention period

The service provider will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

15.5 Security and confidentiality

The service provider implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the service provider cannot guarantee the security of the transmission or storage of information on the Internet.

15.6 Implementation of client and user rights

In application of the regulations applicable to personal data, clients and users of the site www.curo816.com have the following rights:

They can update or delete the data concerning them as follows:

by logging into their account, on the account configuration tab.

They can delete their account by writing to the email address indicated in article 9.3 "Controller".

They can exercise their right of access, to know the personal data concerning them, by writing to the address indicated in article 9.3 "Controller".

If the personal data held by the controller is inaccurate, they can request the updating of the information by writing to the address indicated in article 9.3 "Controller".

They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Controller".

They can also request the portability of the data held by the controller to another service provider.

Finally, they can object to the processing of their data by the controller.

These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or e-mail to the controller whose contact details are indicated above.

The controller must provide a response within a maximum of one month.

In the event of refusal to grant the client’s request, the latter must be motivated.

The client is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.

The client may be asked to tick a box under which he agrees to receive informative and advertising emails from the service provider. He will always have the possibility of withdrawing his agreement at any time by contacting the service provider (contact details above) or by following the unsubscribe link.

ARTICLE 16 - INTELLECTUAL PROPERTY

The content of the site www.curo816.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

In addition, the Service Provider remains the owner of all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Client) for the provision of Services to the Client. The Client therefore refrains from any reproduction or use of said studies, drawings, models and prototypes, etc., without the express, prior and written authorization of the Service Provider, which may make it conditional on financial compensation.

ARTICLE 17 - NULLITY - FORCE MAJEURE - APPLICABLE LAW - COMPETENT COURT

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and their scope.

Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as grounds for exemption from the obligations of the parties and lead to their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

These general conditions are subject to the application of French law. They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.

The parties undertake to seek an amicable solution to any dispute that may arise from the performance of these general conditions.

If they do not succeed, the parties will submit the dispute to the competent commercial court.

ARTICLE 18 - ACCEPTANCE BY THE BUYER

The buyer is deemed to have accepted these general conditions of sale without reservation.

ARTICLE 19 - PROTECTION OF PERSONAL DATA

Data collected

Personal data that is collected on this site is as follows:

account opening: when creating the user’s account: name; first name ; electronic address ; Phone Number ; postal address ;

connection: when the user connects to the website, the latter records, in particular, his name, first name, connection data, use, location and payment data;

profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number;

payment: as part of the payment for products and services offered on the website, the latter records financial data relating to the user’s bank account or credit card;

communication: when the website is used to communicate with other members, the data concerning the user’s communications are temporarily stored;

cookies: cookies are used, as part of the use of the site. The user has the option of deactivating cookies from their browser settings.

Use of personal data

The personal data collected from users is intended to provide the services of the website, improve them and maintain a secure environment. More specifically, the uses are as follows:

 access and use of the website by the user;
 management of the operation and optimization of the website;
 organization of the conditions of use of the Payment Services;
 verification, identification and authentication of data transmitted by the user;
 proposal to the user of the possibility of communicating with other users of the website;
 implementation of user assistance;
 personalization of services by displaying advertisements based on the user’s browsing history, according to their preferences;
 prevention and detection of fraud, malware (malicious software or malware) and management of security incidents;
 management of any disputes with users;
 sending commercial and advertising information, according to user preferences.

Sharing of personal data with third parties

Personal data may be shared with third-party companies in the following cases:

 when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
 when the user publishes, in the free comment areas of the website, information accessible to the public;
 when the user authorizes a third party’s website to access his data;
 when the website uses the services of service providers to provide user assistance, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data ;
 if required by law, the website may transmit data to respond to complaints made against the website and to comply with administrative and judicial procedures;
 if the website is involved in a merger, acquisition, sale of assets or receivership procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.

Implementation of user rights

In application of the regulations applicable to personal data, users have the rights mentioned below, which they can exercise by making their request to the email address specified in the footer of this web page.

The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user’s identity in order to verify its accuracy.

The right of rectification: if the personal data held by the website are inaccurate, they can request the updating of the information.

The right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws. The right to limit processing: users can request the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR. The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.

The right to portability: they can request that the website provide them with the personal data provided to it in order to transmit them to a new website.

Evolution of this clause

The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.

ARTICLE 28- APPLICABLE LAW

These general conditions are subject to the application of French law. They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
The parties undertake to seek an amicable solution to any dispute that may arise from the performance of the services.
If they do not succeed, the parties will submit the dispute to the competent commercial court.