General Terms and Conditions of Sale (GTCS)
Preamble
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") are offered by JOC SOFTWARE (hereinafter referred to as "the Company"), a simplified joint stock company with a capital of €101,000, whose registered office is located at 5 rue Jacques Villermaux, registered in the Nancy Trade and Companies Register under number 977 658 723. These GTC exclusively govern the relationship between the Company and customers (hereinafter referred to as "the Customer") making a purchase via the cardynale.com website or the dashboard.cardynale.com platform (hereinafter referred to as "the Site").
Article 1 – Purpose
The purpose of these general conditions is to establish the contractual provisions relating to the respective rights and obligations of the Customer and the Company. They govern all the necessary steps for the placement and monitoring of the order. The Customer acknowledges having read these GTC and accepts them fully and unreservedly.
Article 2 – Products and Services
Cardynale offers for sale online digitalized professional contact management solutions, including subscriptions for the use of applications and online platforms as well as physical objects equipped with integrated technologies (hereinafter collectively referred to as "Products"). The products available for sale are those listed on the Cardynale Site and its platform. These products may be updated or modified at any time by Cardynale to reflect technological advancements or functional improvements to our offering.Each product, whether digital or physical, is accompanied by a detailed description that allows the Customer to know its essential characteristics before making a final order. The graphical visuals and descriptions presented on the site are representative of the products sold, whether they are subscriptions or physical devices, and are provided for informational purposes only.
Article 3 – Prices
Our product prices are indicated in euros excluding taxes (ET). The prices listed also include order processing fees; however, shipping costs are charged extra depending on the delivery address and are clearly indicated at the time of finalizing the order. Cardynale reserves the right to change its prices at any time but products will be invoiced based on the rates in effect at the time the order is placed, subject to availability.
Article 4 – Order
The contractual information is presented in French and will be confirmed with the same information at the latest at the time of the order validation. Cardynale reserves the right not to record a payment, and to not confirm an order for any reason, especially in case of supply problem, or difficulties concerning the order received.
Article 5 – Order Validation
Any order appearing on the Cardynale website implies adherence to these General Terms. Any confirmation of an order entails full and complete acceptance of these terms and conditions of sale, without exception or reservation. All data provided and the recorded confirmation will serve as proof of the transaction. The Customer declares to have perfect knowledge of it. The order confirmation will act as a signature and acceptance of the operations carried out.
Article 6 – Payment
By validating the order, the Customer commits to pay the indicated price. The Customer's purchases are paid for by credit card through the secure Stripe system, or by SEPA direct debit or transfer, according to the choice and possibilities of the Customer.
Article 7 – Withdrawal
In accordance with the provisions of Article L.221-18 of the Consumer Code, the Customer has a right of withdrawal of fourteen days from the receipt of the products to exercise this right of withdrawal without having to justify reasons nor to pay a penalty.
Article 8 – Availability
Products are offered as long as they are visible on the Site and within the limits of available stocks. For non-stocked products, offers are valid subject to availability from the Company's suppliers. In case of unavailability of a product after placing an order, the Customer will be informed by email. The order will then be automatically cancelled and no bank debit will be made.
Article 9 – Delivery
Products are delivered to the delivery address that the Customer indicated during the ordering process. Delivery times are given as an indication only; if these exceed thirty days from the order, the sales contract may be terminated and the buyer refunded.
Article 10 – Warranty
All Products benefit from the legal warranty of conformity and the warranty against hidden defects, provided by articles 1641 and following of the Civil Code. In case of non-conformity of a product sold, it may be returned, exchanged, or refunded.
Article 11 – Liability
The Products offered comply with current French legislation. Cardynale's liability cannot be held in case of non-compliance with the legislation of the country where the product is delivered. It is up to the Customer to check with local authorities the possibilities of importing or using the products or services he plans to order.
Article 12 – Applicable Law in Case of Disputes
The language of this contract is French. These conditions of sale are subject to French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.
Article 13 – Intellectual Property
All elements of the Cardynale site and platform remain the intellectual property and exclusive property of Cardynale. No one is authorized to reproduce, exploit, redistribute, or use for any title whatsoever, even partially, elements of the site and platform whether they are software, visuals, or sounds. Any simple or hypertext link is strictly prohibited without the express written consent of Cardynale.
Article 14 – Personal Data
Cardynale reserves the right to collect nominative information and personal data concerning the Customer. These are necessary for the management of his order, as well as to improve the services and information sent to him. They can also be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing, and payment. This information and data are also kept for security purposes, in order to comply with legal and regulatory obligations. In accordance with the law of January 6, 1978, the Customer has the right to access, rectify, and oppose personal information and data concerning him, directly on the website.
Article 15 – Archiving and Proof
Cardynale will archive order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized registers of Cardynale will be considered by all parties concerned as proof of communications, orders, payments, and transactions between the parties.