Terms and conditions of use

Updates on December 9, 2019

19 DIGITAL provides a Site that presents its commercial offer.

These GTC define the terms and conditions of use of the Site by Users.

The GTC are supplemented by the Privacy Policy.

  1. Definitions

In the remainder of these GTC and any other contractual document relating thereto, capitalized terms shall have the following meanings in the singular and plural:

“General Conditions” or “GC”: the present general conditions of the Site.

“Personal Data”: personal data collected by 19 DIGITAL in the context of the use of the Site by Users.

“ 19 DIGITAL”: 19 Digital, a simplified joint-stock company with capital of 7,500 euros, registered with the Tours Trade and Companies Register under number 839 559 739, having its registered office at 1 Impasse du Palais, 37000 TOURS, represented by Mr Philippe Gorce acting in his capacity as Chairman.

“Party”: 19 DIGITAL and/or the User, individually and/or collectively.

“Privacy Policy”: the policy for the processing of Users’ personal data by 19 DIGITAL, available on the Site.

“Site”: the 19digital.fr site and its components (computer code, graphic elements, databases, documentation, etc.), as well as any other means of displaying the site (such as an application) published by 19 DIGITAL, on which the Services are provided.

“User”: the user of the Site, whether an individual or a legal entity.

The User is invited to read these GTC carefully, print them out and/or save them on a durable medium.

  1. Acceptance and modification of the GTC

2.1.
Cadre des CG

The GTC apply to the use of the Site by the User and to the Services provided by 19 DIGITAL.

19 DIGITAL reserves the right to modify the T&C at any time by publishing a new version of the T&C on its Site, notifying the User by e-mail or by notification at the next connection to the Site.

The GTC applicable to use of the Site are those in force at the date of use.

These GTC are applicable to all Users of the Site, regardless of their country of origin and visit.

The GTC are applicable for the duration of the User’s use of the Site, from the date of acceptance.

In the event of translation into another language, the French version shall prevail.
The GTC are subject to French law.

The legal information concerning 19 DIGITAL, the collection and processing of personal data and the conditions of use of the Site are provided in these GTC, the Privacy Policy and the Site’s legal notices.

2.2.
Acceptation des CG

Registration on the Site and its use, as well as that of the Services, presuppose the User’s unreserved acceptance of the entirety of these GTC.

By the same token, the User acknowledges having taken full cognizance of them.

2.3.
Fin des CG

19 DIGITAL may terminate the Site at any time.

  1. Site content

The Site presents the commercial offers of 19 DIGITAL.

The videos provided on the Site will be used by the User under his or her own responsibility.
The User must take into account any warning or precaution indicated by 19 DIGITAL.

  1. Functions available on the Site

In order to use the Site, it is necessary to have a compatible terminal.
19 DIGITAL makes no commitment to the compatibility of the Site with the User’s terminal, nor to the durability of compatibility.
The User is solely responsible for payment of the costs necessary to access the Site (internet, terminal, etc.).

  1. Relations between the Parties

Users must pay 19 DIGITAL all sums provided for in the GTC for the Services.

  1. Obligations of the Parties

6.1.
Obligations de 19 DIGITAL

19 DIGITAL will use its best efforts to keep the Site accessible and available, without incurring any obligation of result.

19 DIGITAL does not commit to :

  • Any obligation of result in connection with the provision of the Site.
  • That the Site is free of bugs or is permanently available.
  • Any frequency of maintenance or updating of the Site.
  • Any quality of service for the Site.
  • Any level of service and availability for the Site.
  • Any duration of support of the Site.

19 DIGITAL will use its best efforts to ensure that the Site operates in a secure manner.
However, 19 DIGITAL does not guarantee the absolute security of the Site.

19 DIGITAL may suspend, modify or withdraw the Site and cease its support at any time, without notice or notification, without liability.

6.2.
Obligations de l’Utilisateur

The User may use the Site in accordance with these GTC, to the exclusion of all other rights.

  1. Personal data

The User is fully aware that the Personal Data he or she submits directly or indirectly to 19 DIGITAL will be subject to automated processing.

19 DIGITAL’s Privacy Policy can be consulted on the Internet at the following address: https: //19digital.fr/politique-de-confidentialite/

  1. Contact

19 DIGITAL’s customer service can be contacted using the tool provided on the Site, or by email at the following address: 19 DIGITAL – 1 impasse du Palais – 37000 TOURS

  1. Liability

19 DIGITAL’s liability is strictly limited to the technical provision of the Site.

In accordance with the Article “Obligations of 19 DIGITAL”, 19 DIGITAL is not liable for the provision, availability, maintenance and use of the Site.
No warranty, express or implied, is given as to the quality of the Site or its suitability for the User’s needs.

19 DIGITAL shall not be liable for the use of the information and tools provided on the Site by the User.
This includes in particular any injury or health problem of the User, or of a third party, due to the exercises proposed on the Site.

The User is informed that use of the Site is at his/her own risk.

19 DIGITAL will not be liable for the independent relationship between the various Users.
Only the Users will be liable in this respect, in accordance with the contracts and commitments binding them.

In all cases, 19 DIGITAL’s liability to a User for damages is strictly limited to the price paid by the User for the paid Service, for the period (month or year, as the case may be) that gave rise to the event giving rise to the liability.
If no amount has been paid by the User for the Services, 19 DIGITAL will not incur any liability, which the User accepts.

In all cases, 19 DIGITAL may only be held liable for direct damages.
19 DIGITAL is not liable for any indirect damage.

This limitation of liability applies to all types of indirect damage, including but not limited to operating losses, loss of sales, loss of orders, loss of earnings, loss of data or other information, loss of clientele, loss of anticipated savings, damage to image and reputation, loss of opportunity.

19 DIGITAL will also not be liable for damages caused by malware, viruses or any inaccuracy or omission of information, unless the damages result from a deliberate act or gross negligence on the part of 19 DIGITAL.

  1. Warranty

The User agrees to indemnify and hold 19 DIGITAL harmless from and against any action or claim by any third party due to the User’s use of the Site, or the User’s breach of any of these GTC.

In this respect, it undertakes to pay all damages and interest that 19 DIGITAL may be ordered to pay, as well as legal costs and fees incurred by 19 DIGITAL in this respect.

19 DIGITAL will inform the User as soon as possible of any such claim or legal action.

19 DIGITAL reserves the right, at its own discretion and expense, to participate in the defense and/or out-of-court settlement of a claim or to assume sole responsibility for the defense and control of the proceedings, without releasing the User from its obligations to compensate and assume costs and fees.

The user agrees not to accept an amicable solution that would call into question the responsibility of 19 DIGITAL or place it under any obligation whatsoever, without the prior written consent of 19 DIGITAL.

  1. General

11.1.
Médiation

This Article applies only to Consumer Users.

In application of Articles L616-1 et seq. and R616-1 et seq. of the French Consumer Code, the User may, in the event of a dispute with 19 DIGITAL, appeal to the Consumer Mediator via the following link: https: //ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

The User is free to choose mediation or not.

Mediation is free of charge for the User.

11.2.
Respect de la législation

The Site complies with French regulations.
Consequently, 19 DIGITAL cannot be held responsible, if a User located outside French territory uses the Site, in the event of non-compliance with applicable foreign regulations.

In particular, Users must familiarize themselves with local and national laws to ensure that they comply with them when using the Site.

11.3.
Intégralité de l’accord

These GTC prevail over any other stipulation potentially applicable to the relationship between 19 DIGITAL and the User.
These GTC cancel and replace any previous commitment of the Parties relating to the subject matter and constitute the entire agreement between the Parties with respect to the subject matter hereof.

11.4.
Exclusivité

No exclusivity is agreed between the Parties by acceptance of these GTC.
The Parties remain free to contract with third parties of their choice.

11.5.
Survie de certaines stipulations

The termination of these GTC, for any reason whatsoever, shall not constitute a term for clauses whose nature or content requires their continuation.

11.6.
Non-validité partielle

If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, they will be deemed unwritten. The other stipulations will retain their full force and scope.

11.7.
Non-renonciation et tolérance

The fact that 19 DIGITAL does not claim from the other Party a breach of any of the obligations referred to in these GTC shall not be interpreted for the future as a waiver of the obligation in question and shall not have the effect of granting acquired rights to the other Party.

Failure or delay by 19 DIGITAL to exercise a right shall not be construed as a waiver of that right.

11.8.
Indépendance

Neither Party may make any commitment in the name and/or on behalf of the other.
In addition, each Party remains solely responsible for its acts, allegations, commitments, Services, products and personnel.

Users are all independent of each other.

11.9.
Preuve

The Parties agree that all electronic communications, in particular e-mail, shall constitute proof between them.

In particular, the User acknowledges the evidential value of 19 DIGITAL’s automatic recording systems and, unless he/she provides proof to the contrary, waives the right to contest them in the event of litigation.

11.10.
Force Majeure

19 DIGITAL will not be held responsible if the Site ceases to function due to any Force Majeure event.

For the purposes of these GCS, Force Majeure is defined as any unforeseeable, irresistible event external to the Parties, as defined by French law and jurisprudence.

In the event of Force Majeure, 19 DIGITAL will use its best efforts to allow the Site to function.

In the event of Force Majeure, 19 DIGITAL may terminate the Site’s services without notice and without liability.

11.11.
Juridiction compétente

Any dispute relating to the performance or interpretation of these GCS, not amicably resolved between the Parties, will be submitted to the competent court within the jurisdiction of the Court of Appeal of Tours, including in cases of summary proceedings, third-party proceedings or multiple defendants, and regardless of the User’s country of origin.