Conditions générales
General Terms and Conditions for Visit Booking – Use of Valentia
Terms applicable to experience bookings, use of the Valentia platform, and the relationship between clients, partners, and Valentia.
Article 1 – Service provider identification
The company "VALENTIA", a Simplified Joint Stock Company with a capital of €1,000, whose registered office is at 416 Chemin de St Michel les Adrechs - 83440 Seillans, is registered with the Paris Trade and Companies Register under number 977 492 776, and represented by Mr. Guillaume M. in his capacity as President (hereinafter "the Company"). The company can be contacted by email at the following address: contact@valentia.art
Article 2 – Definitions
The terms below have the following meanings between the Parties:
- "Discovery Initiation" refers to the activity offered by the Artisan or the Heritage Treasures and made available online via the VALENTIA Platform. The terms of the Discovery Initiation are specified in the listing posted by the Artisan or the Heritage Treasures on the VALENTIA Platform;
- "Artisan" means the natural or legal person, professionally engaged in their activity and offering Discovery Initiations on the Platform. This may include an artisan as defined by Law No. 96-603 of July 5, 1996, relating to the development and promotion of trade and crafts, but also, without limitation, performing artists, artists, micro-entrepreneurs, merchants, or the Heritage Treasures. The Artisan is a professional within the meaning of the Consumer Code;
- "Account" means the personal Account that must be created by the Client to book Discovery Initiations on the VALENTIA Platform and access a personal space;
- "VALENTIA Platform" means the digital platform connecting Artisans/Heritage Treasures and Clients for the organization and conduct of Discovery Initiations, within the meaning of Article L. 111-7 of the Consumer Code, published and made available online by the Company at the URL valentia.art;
- "Client" means the natural person who uses the VALENTIA Platform and who, if applicable, wishes to book a Discovery Initiation. The Client is a consumer within the meaning of the Consumer Code provisions.
- "Services": all free or paid services offered by the Company via the VALENTIA Platform;
Article 3 – Scope of application
These General Terms and Conditions of Sale apply without restriction or reservation to any booking of services related to connecting craft Artisans and heritage sites with any audience interested in discovering these trades, as well as to the organization of events and meetings around crafts and heritage ("The Services") offered by "VALENTIA" ("The Provider" or "The Company") to non-professional Clients ("The Clients or the Client") via the matchmaking website accessible at http://www.valentia.art (hereinafter the "VALENTIA Platform").
2 They specify in particular the conditions for booking, payment, and provision of the Services ordered by the Clients.
The main features of the Services are presented on the VALENTIA Platform.
The Client is required to review them before placing any order. The choice and purchase of a Service are the sole responsibility of the Client.
These Conditions apply to the exclusion of all other conditions, notably those applicable to other marketing channels for the Services or on the Internet.
These General Terms and Conditions of Sale are accessible at any time on the website and will prevail, if applicable, over any other version or contradictory document.
Unless proven otherwise, data recorded in the Provider's IT system constitute proof of all transactions concluded with the Client.
In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) effective May 25, 2018, the Client has, at any time, the right to access, rectify, object to, erase, and port all their personal data by writing, with proof of identity, to: VALENTIA SAS, 416 Chemin de St Michel les Adrechs - 83440 Seillans
The Client declares having read these General Terms and Conditions of Sale and accepted them by checking the box provided for this purpose before starting the online ordering process, as well as the general terms of use of the website www.valentia.art
The Client's validation of the Service order constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Client acknowledges having the required capacity to contract and acquire the Services offered on the website www.valentia.art.
These General Terms and Conditions of Sale may be subject to later modifications; the version applicable to the Client's purchase is the one in effect on the day of booking a Discovery Initiation. The Services are offered for sale for the following territory: entire France
Article 4 – Provider's information obligations
In accordance with the provisions of the Consumer Code, and as an online platform operator offering a matchmaking service, VALENTIA informs Clients of the following:
- The Artisans authorized to post offers on the VALENTIA Platform are all professionals;
- VALENTIA commits to providing detailed and up-to-date information about the Artisans and heritage sites involved, including their qualifications, experience, and the nature of their craft;
- Contracts concluded between an Artisan / Heritage Site and a Client via the VALENTIA Platform are service contracts. They concern the provision of a service by the Artisan / Heritage Site or the form of a Discovery Initiation in which the Client participates. These contracts are subject to the provisions of the Civil Code relating to obligations and civil liability applicable to contractual relationships as well as the provisions of the Consumer Code. These provisions are accessible at the following link: https://www.legifrance.gouv.fr;
- The VALENTIA Platform enables the conclusion of service contracts between professionals and consumers, providing Artisans with the necessary space on the VALENTIA Platform to communicate the pre-contractual information required by Articles L. 221-5 and L. 221-6 of the Consumer Code.
It is specified that the insertion and ranking of Discovery Initiations in search results on the Platform depend on various factors (referencing and dereferencing criteria) such as:
- The geographical proximity of the location where the Discovery Initiation takes place according to the Clients' choice;
- The availability dates of the Discovery Initiation;
- The comments and ratings previously given to the Discovery Initiation;
- The number of bookings of the Discovery Initiation;
- The price and the number of participants;
Article 5 – Use of the Valentia platform
Access to the VALENTIA Platform by Clients and browsing the various available Discovery Initiations is not conditional on Client registration. However, using the Services of the VALENTIA Platform requires the Client to create an Account. Opening an Account provides access to a personal space allowing the Client to manage their bookings and personal information.
Account Creation. To create an Account, Clients can choose to:
- Create an Account specific to the VALENTIA Platform by filling in mandatory fields (first name, last name, email address, phone number, postal code, and password);
- Log in to the Platform via a Facebook or Google account. By using such a feature, VALENTIA will have access to the information from the Client's Facebook or Google account necessary for login. However, the Client has the right to unlink their VALENTIA Account from their Facebook or Google account at any time.
The Client agrees to provide truthful and sincere information about themselves. The Client must also regularly verify their data to ensure its accuracy.
Once the Account creation is confirmed, the Company sends the Client (at the email address provided during Account creation) a confirmation email. This email does not require any response from the Client.
Any Account creation, regardless of the method, requires the Client to read and accept these General Terms and Conditions.
Password. Creating the Account assigns the Client an identifier allowing access to their Account with a password that the Client must then set. The password is personal, confidential, and non-transferable. The Client agrees never to share it with third parties. To maximize the security of VALENTIA Platform Clients' Accounts, the Client must ensure not to reuse the same password associated with other accounts granting access to third-party services.
The Client agrees to report to the Company, at the following email address: contact@valentia.art and as soon as possible, any fraudulent use of their personal Account or any loss, theft, or disclosure of their password. The password can be changed by the Client via the VALENTIA Platform in the "My Profile" section.
The Company reserves the right to refuse a registration request for the VALENTIA Platform services if the Client does not comply with these General Terms and Conditions.
Account Closure at the Client's Initiative. The Client may at any time and at their discretion request the closure of their Account with the VALENTIA Platform. The request can be made at the following address: contact@valentia.art or directly online via their Account by following the "Unsubscribe" procedure. VALENTIA commits to permanently close the Client's Account without delay upon receipt of the request.
Account Closure at the Company's Initiative
VALENTIA reserves the right to delete the Client's personal Account if the Client does not comply with these General Terms and Conditions, notably in cases of:
- Violation of VALENTIA's intellectual property rights;
- Circumvention or attempted circumvention of technical protection measures implemented by VALENTIA;
- Providing false information during Account creation;
- Any action contrary to VALENTIA's commercial interests.
Article 6 – Provisions relating to minors
Use of the VALENTIA Platform is strictly reserved for individuals aged 15 years or older. However, any registration on the VALENTIA Platform by a minor is allowed provided they have written authorization from a person with parental authority when participating in a Discovery Initiation. By accessing, using, or registering on the Platform, the Client declares and guarantees they are 15 years or older. An adult Client may also book a Discovery Initiation for a minor. In this case, the minor must be accompanied by a person with parental authority during the Discovery Initiation or have written authorization from a person with parental authority allowing participation in the Discovery Initiation. This written authorization must also be presented to the Artisan along with a copy of the legal representative's identity document. The parent or legal guardian assumes full responsibility for ensuring the minor's safety and well-being during use of the Platform and participation in activities. The VALENTIA Platform reserves the right to verify the authenticity of any written authorization provided and to refuse access to services if conditions are not met or if the information provided is deemed insufficient to guarantee safety and legal compliance. We remind users that the safety and protection of minors are paramount and that the cooperation of parents or legal guardians is essential to maintain a safe and respectful environment for all participants. By accepting these terms, you confirm your commitment to comply with these obligations.
Article 7 – Orders/bookings via the platform
The Client selects the Services they wish to order, according to the following terms:
- The Client selects a Discovery Initiation on the VALENTIA Platform by carefully reading the description of the service covered by it and the specific conditions related to it;
- The Client chooses the date of the Discovery Initiation within the available dates;
- The Client specifies the number of participants;
- The Client provides their phone number and sets a billing address;
- The Client creates an Account on the VALENTIA Platform under the conditions set out in section 5.1 of these General Terms and Conditions or logs into their Account with their email address and password;
- The Client sets a billing address; a summary is then provided to the Client listing all choices made, the total price, and the payment method. This allows the Client to verify the details of their order and, if necessary, make any changes before the final registration of their order;
- The Client then proceeds with payment under the conditions described in article 9 of these General Terms and Conditions; upon order validation, the Client instantly receives a confirmation email including all information related to the order.
The Service Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding payment of a previous order. If the Client cancels the order more than 48 hours before the scheduled date of the ordered Service and after acceptance by the Service Provider, the amounts paid by the Client will be fully refunded within a maximum of seven (7) business days from the Client's cancellation. If the Client cancels the order between 24 and 48 hours before the scheduled date of the ordered Service and after acceptance by the Service Provider, for any reason other than force majeure, an amount equal to 50% of the total price of the ordered Services will be retained by the Service Provider and invoiced to the Client as damages to compensate for the loss incurred. If the Client cancels the order less than 24 hours before the scheduled date of the ordered Service, no refund will be made by the Service Provider to the Client.
Article 8 – Prices
The Services offered by the Service Provider are provided at the rates in effect on the day the order acceptance is confirmed by the Provider, as indicated to the Client prior to placing their order on the VALENTIA Platform. However, the displayed prices do not include any exchange rates or fees related to the use of a bank card issued in a third country. The price indicated in the order confirmation by the Service Provider is the final price. Prices are expressed in Euros, excluding and including tax. An invoice is issued by the Service Provider and sent to the Client upon receipt of online payment for the ordered Services.
Any price reduction announcement must indicate the price charged by the Artisan before applying the price reduction, this previous price being defined as the lowest price charged by the Artisan to all Clients during the thirty days preceding the price reduction application.
Article 9 – Payment terms
The Services offered by the Service Provider are delivered to the Client in exchange for a price.
The price is payable in full, in a single payment on the day the Client places the order, according to the terms specified in article 8 above, via secure payment methods:
- By bank cards: CB, Visa, MasterCard, American Express, other bank cards.
Payment by bank card is irrevocable, except in cases of fraudulent use of the card. In such cases, the Client may request cancellation of the payment and refund of the corresponding amounts, provided they supply written proof to the Service Provider attesting to the fraud.
The Service Provider will not be required to provide the Services ordered by the Client if the price has not been fully paid in advance under the conditions indicated above.
Payments made by the Client will only be considered final after the Service Provider has effectively received the due amounts.
The price of a Service, or more precisely a "discovery initiation," consists of two elements:
- The Artisan's remuneration in exchange for the "discovery initiation" performed;
- The Company's commission in exchange for the connection service.
The commission covers the costs related to the VALENTIA Platform and remunerates the Company.
The Company reserves the right to suspend any reservation processing in case of payment authorization refusal by the Client's bank or for any other legitimate reason, especially in cases of fraudulent payment methods.
Article 10 – Service provision
The Services ordered by the Client include the provision of technical solutions to allow access to the VALENTIA Platform 24 hours a day, 7 days a week. However, the Provider may at any time suspend, limit, or interrupt access to the VALENTIA Platform or certain features thereof to perform updates, content changes, or any other action deemed necessary for the proper functioning of the Platform, in accordance with these General Terms and Conditions of Sale.
The Provider commits to making its best efforts to deliver the Services ordered by the Client under a best-efforts obligation. The Provider enables the Client to use the communication tools provided under the best possible conditions. Nevertheless, the Provider cannot guarantee absolute accessibility or availability of the VALENTIA Platform for the reasons stated above.
The Provider commits to providing a complete and accurate description of the services offered on the Platform. This includes, but is not limited to, details of half-day or full-day discovery sessions, specifics of the crafts presented, as well as any relevant information regarding the experiences offered.
Therefore, the Provider cannot be held responsible for any unavailability of the VALENTIA Platform, regardless of the cause. The Provider is also not responsible for the proper functioning of the Client's computer equipment or their internet access.
The Provider commits to regular maintenance of the VALENTIA Platform, taking into account the need to minimize impact on accessibility and use by Clients, to ensure proper operation, data security, and an optimal Client experience. Clients will be informed in advance of planned maintenance periods that may cause temporary service interruptions.
Updates to the VALENTIA Platform, including functional improvements and bug fixes, will be carried out regularly. The Provider will inform Clients of any major updates, additions, or removals of Platform features that could affect how they use the Platform, as part of its continuous improvement.
In case of technical issues related to maintenance or updates, technical support will be available to assist Clients. Technical support contact details will be available on the VALENTIA Platform.
Article 11 – Cancellation policy
Cancellation of an order by the Client. The Client has the right to cancel their booking under certain conditions. Cancellation requests must be submitted in writing by the Client via the online form.
If the cancellation is made more than 48 hours before the service date, the Client is entitled to a full refund of the amounts paid.
For cancellations made between 24 and 48 hours before the service date, 50% of the total amount will be retained.
If the cancellation occurs less than 24 hours before the scheduled date, no refund will be issued.
Cancellation of an order by the Artisan. In case of cancellation of the service by the Artisan for reasons other than force majeure as detailed in Article 17 of these Terms, the Client will be entitled to a full refund of all amounts paid;
In case of cancellation due to force majeure, the Provider will offer either a rescheduling of the service to a later date or a partial or full refund, depending on the specific circumstances.
Refund procedures. Refunds will be made using the same payment method used at the time of booking, unless otherwise agreed by the Client. The Provider will strive to process the refund within seven (7) business days following receipt of the cancellation request.
Article 12 – Provider's liability – warranty
The Provider cannot be held responsible for service interruptions or data loss resulting from regular maintenance or updates of the VALENTIA Platform. However, the Provider commits to taking all necessary measures to ensure the continuity and quality of the service under the conditions described above.
The VALENTIA Platform is an automated data processing system. Any unauthorized access to it is prohibited and punishable by law.
In the event of direct damages suffered by the Client due to a proven failure of the Platform, the Provider's liability will be limited to the amount of service fees paid by the Client for the concerned service.
Legal guarantee of conformity. The Provider commits to delivering a Service in accordance with the descriptions provided on the Platform and any applicable regulations in France.
The Provider acts solely as an intermediary facilitating the connection between Artisans and Clients within the Platform. As an intermediary, the Provider plays no role in the actual execution of the Discovery Initiations offered by the Artisans, nor in the performance of the services themselves. Its responsibility is strictly limited to verifying the truthfulness and compliance of the listings published on the Platform, according to quality standards and applicable regulatory requirements. The Provider cannot be held liable for acts, omissions, or any insufficiency of services provided by the Artisans, nor for any damages or harm directly or indirectly resulting from these services. Any claim related to the services offered by the Artisans must be addressed directly to the Artisan concerned. However, the Provider commits to providing reasonable assistance to facilitate the resolution of any dispute that may arise between a Client and an Artisan, without this constituting an obligation of result.
In case of non-conformity of the Discovery Initiation performed by an Artisan compared to its listing on the Platform (for example: significant differences in content, duration, or quality of the Discovery Initiation), the Client must inform the Provider in writing of the existence of the non-conformity defects within a maximum of 8 days from the date of service delivery. Upon receipt of such notification, the Provider commits to assessing the situation and engaging in dialogue with the Artisan concerned to understand the reasons for the non-conformity. If the non-conformity is confirmed, the Provider will strive to find a satisfactory solution for the Client, which may include a partial or full refund of the order, a voucher for another Discovery Initiation, or any other compensation deemed appropriate.
Any compensation offered by the Provider will be limited to the amount of the order placed by the Client for the concerned Discovery Initiation. No compensation for indirect or additional damages will be granted. It is also the Client's responsibility to request from the Provider the correction of the defective service. The correction of the defective service must occur within a period not exceeding thirty days following the Client's request. If the requested correction is impossible or involves disproportionate costs under the conditions provided in article L. 217-12 of the Consumer Code, the Provider may refuse it.
Finally, the Client may demand the cancellation of the sale (unless the non-conformity is minor) in the cases provided for in article L. 217-14 of the Consumer Code. In case of cancellation of the sale, the Client will be refunded the price paid no later than seven (7) days thereafter, using the same payment method used by the Client at the time of payment, unless expressly agreed otherwise by the Client and in any case without additional fees. This clause does not limit the direct liability of the Artisan towards the Client for any non-conformity or other breach of contractual or legal obligations.
Exclusion of guarantees. The Provider cannot be considered responsible or at fault for any delay or non-performance resulting from a force majeure event as defined in article 17 of these terms. Furthermore, the Provider acts only as an intermediary in connecting Artisans and Clients. Its responsibility is limited to providing this connection Platform and assistance related to its use, in accordance with section 12.1 above. The Provider commits to verifying and maintaining the accuracy of the information provided on the Platform regarding Artisans and their services. However, it cannot be held responsible for unintentional inaccuracies or omissions related to this information. The Provider will not be responsible for the quality, safety, or legality of the services provided by the Artisans. The responsibility for the execution, quality, and compliance of the offered services lies entirely with the Artisan concerned. The Provider will not be involved in disputes between Artisans and Clients regarding the services provided but may offer mediation assistance if necessary. The Provider will in no case be liable for indirect damages such as loss of profit, reputation, or any other indirect commercial harm suffered by Clients due to the use of the Platform. Any claim regarding the Provider's liability must be notified in writing within 8 days following the discovery of the issue.
Article 13 – Intellectual property
The Provider remains the owner of all intellectual property rights on studies, drawings, models, prototypes, etc., created (even at the Client's request) for the provision of Services to the Client. The VALENTIA Platform, its overall structure, its current content, including but not limited to texts, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and documentation concerning Discovery Initiations, are protected by intellectual property rights (including notably copyrights, patent rights, trademarks, designs and models, databases, domain names, and any other existing or future intellectual property rights, national and/or international) and are the exclusive property of the Company or the Artisans protected by national and international intellectual property laws.
The Provider grants Clients a limited, non-exclusive, and non-transferable license to access and use the VALENTIA Platform for personal and non-commercial purposes, in accordance with these Terms. This license does not include the right to reproduce, duplicate, copy, sell, resell, or exploit any element of the Platform for commercial purposes without the Provider's written and express authorization, which may be subject to financial compensation. Clients agree not to use the intellectual property elements of the Platform in a way that would infringe the rights of the Provider or third parties.
The temporary use of the VALENTIA Platform under the conditions set forth herein shall not be construed as the transfer or license of any intellectual property rights to the Client.
The logo and the Company name displayed on the VALENTIA Platform are registered trademarks and belong to the Company.
The Client is prohibited from:
- Registering or filing trademarks and/or domain names including the term "VALENTIA," alone or with figurative elements;
- Modifying its corporate name, trade name, or sign to include the term "VALENTIA."
Article 14 – Personal data security
The Provider commits to complying with the applicable legislation regarding privacy protection in relation to the processing of personal data, namely Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms as amended, and Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data (hereinafter collectively "the Applicable Regulation").
The Provider is the data controller for the personal data processing implemented on the VALENTIA Platform.
When registering and using the Platform, the Client directly provides various personal data. This data may include:
- Data necessary for creating a Client account such as first name, last name, email address, phone number, and postal code;
- If the Client chooses to create an account using the automatic registration service of Facebook or Google, login credentials via these third-party services will be data collected by the data controller;
- Data for personalizing the Client's profile (e.g., photo, logo);
- Data necessary for payment of Services. The data controller collects the personal data detailed above for specific processing:
- For creating the Client's Account;
- For connecting Clients with Artisans;
- To ensure Client relationship management and dispute resolution;
- To ensure the technical operation of the VALENTIA Platform;
- To communicate with the Client regarding reserved Services.
The data collected or processed during the Client's use of the VALENTIA Platform is intended for the Company, its subcontractors, and the Artisans. The Provider places great importance on platform security and commits to implementing and maintaining robust security measures to protect Client data and prevent unauthorized access. This includes, but is not limited to, the use of encryption technologies, firewalls, and other information security technologies. The Provider also commits to regularly monitoring the Platform to detect and fix potential vulnerabilities. In case of data or security breaches, the Provider will notify affected Clients and competent authorities within legally required timeframes and will take all necessary measures to mitigate the impact of such incidents. Given the complexity of the internet, however, the Provider cannot guarantee absolute security.
Personal data is retained by the Provider for evidentiary purposes or account reactivation for a maximum period of three (3) years from account termination.
The maximum retention period applies unless a deletion or erasure request is made before this period expires.
In accordance with applicable Regulation, the Client has the following rights: the right to access and rectify their data, the right to object to the collection and processing of their data, the right to erase their data, the right to limit the collection and processing of their data, and the right to data portability. The Client also has the right to provide instructions regarding the processing of their data after their death.
These rights can be exercised at any time by sending a request to the Provider at contact@valentia.art. Proof of identity may be requested by the Provider to respond to the request. It is specified that some data may be excluded from these requests in certain circumstances, notably if the Provider must continue processing the Client's data for legitimate interests or legal obligations.
Furthermore, the Provider may include links on the VALENTIA Platform to external websites or sources. The Provider cannot be held responsible for the data collection and processing practices of these external sources.
It is specified that the Data Protection Officer (DPO) of VALENTIA is Mr. Guillaume M., who can be contacted at the following address: contact@valentia.art.
In case of difficulty related to the management of their personal data, the Client has the right to file a complaint with the National Commission on Informatics and Liberty (CNIL), which can be contacted directly at: CNIL, 3 place de Fontenoy 75007 PARIS.
Article 15 – Unforeseen circumstances
These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseen circumstances provided for in Article 1195 of the Civil Code for all Service Supply operations from the Provider to the Client. The Provider and the Client each waive the right to invoke the provisions of Article 1195 of the Civil Code and the regime of unforeseen circumstances provided therein, committing to fulfill their obligations even if the contractual balance is disrupted by circumstances that were unforeseeable at the time of the sale, even if their performance proves excessively burdensome, and to bear all economic and financial consequences.
Article 16 – Exception of non-performance
It is recalled that pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even if it is due, if the other Party does not perform theirs and if this non-performance is sufficiently serious, that is, likely to call into question the continuation of the contract or fundamentally disrupt its economic balance. The suspension of performance will take effect immediately upon receipt by the defaulting Party of the notification of breach sent for this purpose by the Party suffering the default, indicating the intention to apply the exception of non-performance as long as the defaulting Party has not remedied the observed breach, served by registered letter with acknowledgment of receipt or any other durable written medium allowing proof of sending.
This exception of non-performance may also be used preventively, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not perform its obligations by the due date and that the consequences of this non-performance are sufficiently serious for the Party suffering the default. This option is used at the risk of the Party initiating it. The suspension of performance will take effect immediately upon receipt by the presumed defaulting Party of the notification of the intention to apply the preventive exception of non-performance until the presumed defaulting Party performs the obligation for which a future breach is evident, served by registered letter with acknowledgment of receipt or any other durable written medium allowing proof of sending.
Article 17 – Force majeure
The Parties cannot be held responsible if the non-performance or delay in performing any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code, or from exceptional health or climatic hazards beyond the control of the Parties.
By express agreement, in addition to exceptional health hazards (pandemics or epidemics) or climatic hazards (floods, earthquakes, hurricanes, storms, volcanic eruptions, or any other extreme natural phenomenon) beyond the control of the Parties, the following constitute cases of force majeure:
- In case of war or conflicts,
- Measures taken by the government, such as the sudden imposition of laws, regulations, or restrictions (embargoes, curfews, etc.) that make performance impossible;
- National strikes or large-scale social movements that severely disrupt activities, including transport and logistics services;
- Acts of terrorism or sabotage directly impacting the Artisan's ability to provide the service;
- Large-scale power outages, significant interruptions of telecommunication or internet services, or any other major infrastructure failure preventing the Artisan from performing the service.
The Party observing the event must immediately inform the other Party of its inability to perform and justify it. Suspension of obligations cannot be a cause for liability for non-performance nor entail payment of damages or late penalties.
Performance of the obligation is suspended for the duration of the force majeure if temporary and does not exceed 15 days. Therefore, upon disappearance of the cause of suspension, the Parties will make every effort to resume normal performance as soon as possible. The prevented Party will notify the other of resumption by email with acknowledgment of receipt, registered letter with acknowledgment of receipt, or any extrajudicial act. If the impediment is permanent or exceeds 15 days, these Terms will be terminated outright according to the provisions of the "Termination for force majeure" article.
During this suspension, the Parties agree that costs incurred due to the situation will be borne by the prevented Party.
Article 18 – Termination of the contract
Termination for force majeure. It is expressly agreed that the Parties may terminate this contract automatically, without notice or formality.
Common provisions for termination cases. Services exchanged between the Parties from the conclusion of the contract until its termination, which can only be useful through full performance, will be subject to full restitution.
Article 19 – Contract termination procedures
It is recalled that, in accordance with legal provisions, contract termination by electronic means is possible when the contract was concluded electronically or when, at the time of termination, the Provider offers Clients the possibility to conclude contracts electronically.
To this end, a free feature is made available to the Client, allowing them to electronically notify and carry out all necessary steps for contract termination, which the Provider must acknowledge by informing the Client, on a durable medium and within a reasonable time, of the date the contract ends and the effects of termination.
Article 20 – Assignment of the contract
The Service Provider reserves the right to assign, transfer, charge, or subcontract all or part of its rights and obligations arising from these General Terms and Conditions of Sale to a third party at any time during the contract term.
In the event of an assignment, the Client will be informed in writing or electronically. The Service Provider will provide the details of the assignee and the date on which the assignment will take effect.
The Service Provider will ensure that the assignment does not prejudice the Client's rights and that the contract terms remain unchanged, unless otherwise agreed by the Client.
After the contract assignment, the assignee will assume all responsibilities and obligations of the Service Provider towards the Client, in accordance with the terms of the original contract.
Unless with the Service Provider's written consent, the Client may not assign, transfer, charge, or otherwise dispose of the contract or its rights or obligations arising from it.
Article 21 – Applicable law - language
These General Terms and Conditions of Sale and the transactions arising between the Service Provider and the Client are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event of translation into one or more foreign languages, only the French text shall prevail in case of dispute.
Article 22 – Disputes
All disputes arising from the Service Supply operations concluded under these general terms and conditions of sale, concerning their validity, interpretation, execution, resolution; their consequences and outcomes, and which cannot be resolved amicably between the Service Provider and the Client, shall be submitted to the competent courts under common law conditions.
The Client is informed that they may, in any case, resort to conventional mediation, notably with the Consumer Mediation Commission (C. consom. art. L 612-1) or existing sectoral mediation bodies, or to any alternative dispute resolution method (such as conciliation) in case of dispute.
To this end, the Parties will mutually appoint an independent and competent mediator. If the Parties fail to agree on the mediator within fifteen (15) days, the mediator will be appointed by the President of the competent Commercial Court upon request of the most diligent party. If the dispute must be brought before the courts, it is reminded that under article L. 141-5 of the Consumer Code: the consumer may choose to bring the case, in addition to one of the territorially competent courts under the civil procedure code, before the court of the place where they resided at the time of contract conclusion or the occurrence of the damaging event.
Mediation suspends the limitation periods for legal actions during the mediation process.
It is also reminded that, pursuant to article 14 of Regulation (EU) No 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating independent out-of-court resolution of online disputes between consumers and professionals in the European Union.
For any dispute between an Artisan and a Client, the Company may, at the request of either party, act as an intermediary to find an amicable solution to the dispute or conflict.
Article 23 – Amendment of the general terms and conditions of sale
The Service Provider reserves the right to modify these General Terms and Conditions of Sale (GTCS) at any time. Changes may be made for various reasons, including but not limited to reflecting changes in market conditions, business practices, legal or regulatory requirements, or to improve the clarity and effectiveness of the GTCS.
The Service Provider commits to informing Clients of any significant changes to the GTCS. This notification will be made by appropriate means, such as publication on the Service Provider's website or by email sent to Clients. Changes will be considered accepted by Clients unless disagreement is expressed within a specified period in the notification. Changes to the GTCS will take effect from the date indicated in the notification, which will be no less than 30 days after the notification is sent or published. Continued use of the Service Provider's Platform after the changes take effect will be considered acceptance of the modified GTCS. If a Client disagrees with the changes, they have the right to stop using the Platform and close their account. Previous versions of the GTCS will be archived and available upon request for Clients to consult.
Article 24 – Precontractual information - client acceptance
The Client acknowledges having been informed by the Service Provider in a clear and understandable manner, through the provision of these General Terms and Conditions of Sale, prior to placing the order and in accordance with the provisions of Article L. 111-1 of the Consumer Code:
- About the essential characteristics of the Service allowing them to acquire it with full knowledge of the facts. The Client is required to refer to the description of each Service to understand its essential properties and features;
- About the price of the Services and any additional fees;
- About the payment, delivery, and contract execution terms;
- In the absence of immediate contract execution, about the date or timeframe within which the Service Provider commits to delivering the ordered Services;
- About the identity of the Service Provider, their postal, telephone, and electronic contact details, and their activities, if not apparent from the context;
- Information regarding legal and contractual warranties and their implementation procedures;
- About the existence and implementation terms of guarantees (the legal conformity guarantee);
- About the functionalities of the digital content and, if applicable, its interoperability;
- About the accepted payment methods;
- Information regarding the right of withdrawal, termination procedures, and other important contractual conditions;
- About the possibility of resorting to conventional mediation in case of dispute.
By making an immediate purchase or ordering a Service on the VALENTIA Platform, the Client fully agrees to these General Terms and Conditions of Sale and commits to paying for the ordered Services, which the Client expressly acknowledges, waiving, in particular, the right to invoke any contradictory document that would be unenforceable against the Service Provider.
