General Terms and Conditions of Sale and PREMIUM Subscription (GTC)

These terms and conditions of sale (hereinafter referred to as "GTC") are concluded on the one hand by the company Halieuticom with the share capital of 33,330 € whose registered office is located at 113 boulevard Beaumarchais, 75003 Paris, registered with the Paris Trade and Companies Register under number B 813 980 588 hereinafter referred to as "the Halieuticom Company" or "the Seller" and managing the Sites https://www.fishfriender.com and the FishFriender Mobile App, on the other hand, the Consumers and Non-Professional Clients referred to below "Buyer" or "Customer" wishing to make a purchase of Products or Premium Subscription via the https://shop.fishfriender.com and https://www.fishfriender.com websites (hereinafter referred to as "the Customer") "The Site") or the FishFriender application (hereinafter referred to as "the Application").

The GTC will prevail over all other conditions contained in any other document, except prior waiver, express and written.

The GTC are available on the Site or the Application where they are directly available. The main features of the Products or the Subscription are presented on the Site or on the Application.

The Customer is required to read it before any order. The choice and purchase of Products or Subscription is the sole responsibility of the Customer.

Article 1: object

The present GTC aim to define the contractual relations between the Seller and the Customer and the conditions applicable to any order of Products and Subscription made through the Site or the Application.

The acquisition of a product or Subscription through the Site or the Application implies an unconditional acceptance by the Buyer of these GTC which the Customer acknowledges having read prior to his order.

They are recalled at the time of placing the order on the order page, by a hypertext link. Their formal acceptance will be requested before the validation of your order, by ticking a box provided for this purpose.

Before any transaction, the Buyer declares on the one hand that the purchase of Products or Subscription on the Site and the Application is not directly related to his professional activity and is limited to a strictly personal use and other to have full legal capacity, allowing it to engage under these GTC.

The Seller retains the ability to modify these GTC at any time, in order to comply with any new regulations or to improve the use of its Site or Application. Therefore, the applicable conditions will be those in force on the date of the order by the Buyer. We invite you to print them or keep them on a durable medium (for example, on your computer's hard disk).

Article 2. Features of Offers

2.1 Products

The Products offered are those listed on the Site or Application Halieuticom society, within the limits of available stocks.

If a Product proves unavailable after validation of the order, the Seller will inform the Buyer by email, or failing that by mail and the order will be automatically canceled. The payment made by credit card will not be debited or will be credited.

The Seller reserves the right to modify the product assortment at any time. Each product is presented on the website as a description of its main technical characteristics (models, sizes, use, composition …).

The photographs are as faithful as possible but do not engage the Seller.

The sale of products presented on the Site or the Application is intended for all buyers resident in countries that fully authorize the entry into their territory of these products.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expense and are the sole responsibility of the Customer.

2.2 The Premium Subscription

The premium subscription offers additional features to subscribers. The details of these functionalities are presented on the Site and on the Application. These features are subject to change depending on developments. Some features may be added or removed without any form of consideration for the Subscriber.

The different periods of the Premium Subscription are those which appear on the Website or on the Application of the company Halieuticom.

Article 3. Rates

3.1 The Products

The prices appearing on the Site and Application Data Sheets are prices in Euros (€) including all taxes (VAT included) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. The Halieuticom company reserves the right to modify its prices at any time, being however understood that the price appearing in the catalog the day of the order will be the only one applicable to the purchaser.

The displayed prices do not include the shipping costs, which are charged in addition, in the conditions indicated on the Site at the time of the order and calculated prior to the validation of the order.

3.2 Subscription

Subscription is granted subject to payment by the Customer of a periodic flat rate mentioned on the subscription form of the Site or the Application.

The Customer is informed that these periodic flat rates mentioned on the subscription form do not include the costs of access to the Internet, telephone costs, or customer support call costs, which remain entirely at the expense of the customer. charge of the Subscriber.

The Subscriber is also informed that the fixed periodic rate mentioned on the subscription form may be re-evaluated each year. In the event that the fixed annual rate is re-evaluated, the Subscriber will be informed at least two (2) months before the end of the current period electronically to the email address associated with the customer profile. The Subscriber would then have the option of terminating the contract provided that he complies with the forms provided for in Article 5 below. If the Subscriber fails to terminate the contract in the forms provided for in Article 5, his subscription to the Service shall be tacitly renewed for a further period of twelve (12) months and he shall then pay the annual flat rate re-evaluated as than notified.

Article 4. Order and payment terms

4.1 Products

The Customer selects the Products he wishes to order, as described below.

To add Products to your cart, you must click on "Order" in the "Shop" section of the Site or Application. At this stage, you can log in to your customer account or create a customer account.

The Customer can actually create an account on the Site or the Application before any order or when ordering. The account creation section is accessible at the moment of validating your basket or directly from the menu bar. At each visit, the Customer, if he wishes to order or consult his account (order status, profile …), must identify himself using this information.

The price is payable in cash, in full on the date of the placing of the order by the Customer by way of secure payment.

You can request the invoice of your payment to the customer service at the following mailing address: "Halieuticom", 113 Boulevard Beaumarchais, 75003, Paris (the postage costs are your responsibility) or by email to "[email protected] »(Internet access fees are your responsibility).

Halieuticom offers the Buyer to order and pay for its products online via the Stripe service, by credit card, with several card type options.

Secure payment by credit card: the Customer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references …), checks the delivery address or informs a new one. If applicable, the shipping costs are calculated and submitted to the Customer, as well as the name of the carrier. Then the Customer chooses the payment method: "Credit Card". The Customer securely informs his credit card references. The next step is to check all the information, read these GTC, then invite him to validate his order by clicking on the button "Place my order". If payment is accepted, the order is registered and the contract definitively formed. Payment by credit card is irrevocable. In case of fraudulent use of this one, the Buyer may demand the cancellation of the payment by card, the sums paid will then be credited or returned. The responsibility of the holder of a credit card is not engaged if the disputed payment has been proven fraudulently done, remotely, without physical use of his card. In order to obtain the reimbursement of the fraudulent debit and any bank charges that the transaction may have incurred, the cardholder must challenge, in writing, the withdrawal from his bank, within 70 days of the transaction, or 120 days if the contract linking it to it so provides. The amounts withdrawn are reimbursed by the bank within a maximum of one month after receipt of the written dispute formed by the holder. No expenses of restitution of the sums can not be charged to the holder.

The confirmation of an order implies acceptance of these GTC, the acknowledgment of having perfect knowledge and the waiver of its own terms of purchase. All data provided and the recorded confirmation will be worth proof of the transaction. If the Customer has an e-mail address and if it has filled in when ordering, the company Halieuticom will communicate to him by e-mail the confirmation of the registration of his order. We advise you to keep it carefully, on a reliable and durable support (paper, PDF file), for all purposes.

If the Buyer wishes to contact Halieuticom, he can do so either:

  • by mail to the following address: "Halieuticom", 113 boulevard Beaumarchais, 75003 Paris;
  • by email at the following address: [email protected]

4.2 The Subscription

The Customer selects the subscription period to which he wishes to subscribe, as described below.

To subscribe to a subscription, the Customer must select the formula that interests him in the subscription window detailing the Subscription offers.

At this stage, you can log in to your customer account or create a customer account.

The Customer must actually create an account on the Site or the Application before any order or when ordering. The account creation section is accessible at the time of validating the subscription or directly from the menu bar. At each visit, the Customer, if he wishes to subscribe a Subscription or to consult his account (state of the Subscriptions, profile …), will have to identify himself with the help of this information.

The price is payable in cash, in full on the date of the placing of the order by the Customer by way of secure payment.

You can request the invoice of your payment to the customer service at the following mailing address: "Halieuticom", 113 Boulevard Beaumarchais, 75003, Paris (the postage costs are your responsibility) or by email to "[email protected] »(Internet access fees are your responsibility).

As part of a subscription subscribed from the Site, the company Halieuticom offers the Buyer to subscribe and pay for the online subscription via the Stripe service, by credit card, with several options of card type.

Secure payment by credit card: the Customer selects the subscription form to which he wishes to subscribe in the subscription window detailing the Subscription offers and is invited to read these GTC.

It is understood that the subscribed Subscription will be active only for the profile on which the Customer is connected and can not be transferred to another profile.

Then, the Customer proceeds to the payment and securely informs his credit card references before validating the payment. If payment is accepted, the order is registered and the contract definitively formed. Payment by credit card is irrevocable. In case of fraudulent use of this one, the Buyer may demand the cancellation of the payment by card, the sums paid will then be credited or returned. The responsibility of the holder of a credit card is not engaged if the disputed payment has been proven fraudulently done, remotely, without physical use of his card. In order to obtain the reimbursement of the fraudulent debit and any bank charges that the transaction may have incurred, the cardholder must challenge, in writing, the withdrawal from his bank, within 70 days of the transaction, or 120 days if the contract linking it to it so provides. The amounts withdrawn are reimbursed by the bank within a maximum of one month after receipt of the written dispute formed by the holder. No expenses of restitution of the sums can not be charged to the holder.

The renewal of the payment of the subscription is managed by the service Stripe according to the conditions of the subscription subscribed.

As part of a Subscription subscribed from the Application, the company Halieuticom offers the Buyer to subscribe and pay the Subscription directly from the corresponding application store (App Store, Play Store) according to the payment terms and conditions. commitment provided by the corresponding Store: In-app purchase.

The Customer selects the subscription form to which he wishes to subscribe from the subscription window. It is understood that the subscribed Subscription will be active only for the profile on which the Customer is connected and can not be transferred to another profile.

The confirmation of a Premium subscription implies acceptance of these GTC, the acknowledgment of having perfect knowledge and waiver of its own conditions of purchase. All data provided and the recorded confirmation will be worth proof of the transaction. If the Customer has an e-mail address and if he has filled in the order, Halieuticom will send him an e-mail confirming the registration of his subscription.

We advise you to keep it carefully, on a reliable and durable support (paper, PDF file), for all purposes.

If the Buyer wishes to contact Halieuticom, he can do so either:

  • by mail to the following address: Halieuticom, 113 boulevard Beaumarchais, 75003 Paris;
  • by email at the following address: [email protected]

Article 5. Duration of the Subscription Agreement - Termination

5.1 Duration of the Subscription Contract

For Premium Subscriptions, you commit to an initial firm term as specified on the selected Subscription offer (12 months, 3 months, 1 month, or any other term specified by the current offer) and which begins at run from the subscription or the establishment of the service (in the case of an offer in presale).

The Subscription will be automatically renewed at the end of the term, for the same period, if you do not manifest your request for cancellation at least 24 hours before the renewal date.

Depending on the selected subscription offer, a trial period may be explicitly offered on the Site or the Application. The acceptance of the trial period implies the subscription to the subscription corresponding to the offer. The subscription period will automatically start at the end of this trial period if the Customer does not take any action to unsubscribe before the end of the trial period.

Article 5. Duration of the Subscription Agreement - Termination

5.1 Duration of the Subscription Contract

For Premium Subscriptions, you commit to an initial firm term as specified on the selected Subscription offer (12 months, 3 months, 1 month, or any other term specified by the current offer) and which begins at run from the subscription or the establishment of the service (in the case of an offer in presale).

The Subscription will be automatically renewed at the end of the term, for the same period, if you do not manifest your request for cancellation at least 24 hours before the renewal date.

Depending on the selected subscription offer, a trial period may be explicitly offered on the Site or the Application. The acceptance of the trial period implies the subscription to the subscription corresponding to the offer. The subscription period will automatically start at the end of this trial period if the Customer does not take any action to unsubscribe before the end of the trial period.

5.2 - Termination

5.2.1 - Termination on the Customer's initiative

The termination of your Subscription results in the end of access to the restricted content and services provided by the Subscription.

  • When the subscription expires:

In order for your cancellation to be effective at the end of the Subscription period, your request must be made at least 24 hours before the deadline, directly from your personal space on the Site if you subscribed from the Site, or in the parameters of your account App Store or Play Store if you have subscribed from the App.

For technical and organizational reasons, any cancellation request made less than 24 hours before the expiry date can only be taken into account for the next subscription deadline, thus postponing the effective termination at the next due date.

  • Anticipated termination :

The early termination of the Subscription, that is to say before the end of the commitment period subscribed is not possible.

5.2.2 - Cancellation at the Seller's initiative

The Subscription Agreement may be terminated automatically and automatically by Halieuticom in the event that the Customer does not comply with the obligations placed on him.

The Customer benefits from the Subscription provided by Halieuticom, subject to complying with the terms hereof, as well as all applicable laws and regulations.

The termination of the subscription contract will be effective at the end of a period of fifteen (15) days from the notification by Halieuticom to the Customer, electronically, on the email address of the corresponding account, a failure of the Client to any of its obligations.

Halieuticom may, in its sole discretion and without prior notice to the Customer, suspend access to the Subscription and / or terminate it, automatically and without notice, in the event:

a) breach by the Customer of the scope of the rights granted to it pursuant to the Subscription;

b) attempt to intrude or breach the logical integrity of the Site or the Application by the Customer

c) non-payment or suspension of payment of the subscription by the Customer

d) non-compliance with the General Conditions of Use of the service

In the event of early termination of the Subscription and whatever its cause, all sums paid by the Customer will be retained by the Seller without prejudice to any damages that may be due to the latter.

Article 6. Retention of title

The Halieuticom Company retains full ownership of the Products and Services of the Subscription sold until full payment of the price, in principal, costs and taxes included.

Article 7. Retraction

7.1 The Products

The Buyer may exercise his right of withdrawal, pursuant to Article L221-18 of the Consumer Code, without having to justify his decision or to bear other costs than those related to the return of the Products.

7.1.1 How to exercise the right of withdrawal

The Buyer has a period of fourteen (14) working days to retract from the receipt of their order.

To exercise this right following the purchase of a Product or a Subscription from the Web, the Buyer must notify Halieuticom) its decision to retract to the following mailing address: "Halieuticom", 113 Boulevard Beaumarchais, 75003 Paris; by means of an unambiguous declaration expressing his wish to retract (for example a letter indicating his surname and first name, his address, his order number and all necessary information).

The Buyer may also forward any unambiguous declaration by email to [email protected]

In order for the withdrawal period to be respected, the Purchaser must transmit his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

The Purchaser must then return the Products, without undue delay, and no later than fourteen (14) days from the date he / she has communicated his / her decision to retract.

The Buyer will return the Products, preferably in their original packaging, to the following postal address: "Halieuticom", 113 Boulevard Beaumarchais, 75003 Paris.

The return costs are the responsibility of the Buyer. The Seller advises the Purchaser to provide proof of his removal by using a tracking consignment.

To exercise this right of withdrawal following the purchase of a Subscription from the Application, the Buyer must refer to the procedure provided by the App Store or Play Store.

7.1.2 Refund

The refund (including delivery charges for the Products) will be made without undue delay and no later than fourteen (14) days from the day the Seller is informed of the exercise of your right of withdrawal. However, if you must return a Product, we may defer the refund until you have provided us with proof of shipment of the Product or until we receive it, whichever is the earlier. these facts.

The refund will be made by the method of payment used during your initial order except in case of impossibility (for example, credit card expired). In this case, the refund will be made by check, after obtaining your agreement. In any case, this refund will not cause any costs for you.

It is reminded that your liability, in case of retraction after use of the Products, is engaged in respect of the depreciation of the Products resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of these Products. According to the European Commission, these manipulations are those that a consumer can perform in a store, for the goods that are offered for sale.

7.2 The Subscription

Subscribing a Digital Subscription allows access to digital content regardless of any hardware support. Thus, after having obtained the express consent of the Buyer, on the occasion of the order, for the immediate execution of the contract and thereby the express waiver of his right of withdrawal, the Buyer may immediately benefit from the access to subscribed content and services.

Article 8. Delivery of Products

Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. Orders are made by La Poste via COLISSIMO, delivery service with tracking, delivery without signature. Delivery times are only indicative; if they exceed thirty days from the order, the contract of sale may be terminated and the buyer refunded. The company Halieuticom will be able to provide by email to the buyer the tracking number of his parcel. The buyer is delivered to his home by his postman. In case of absence of the buyer, he will receive a notice of passage of his postman, which allows him to withdraw the products ordered at the nearest post office, for a period indicated by the postal services. Transport risks are the responsibility of the purchaser from the moment the items leave the premises of Halieuticom. The buyer is obliged to check in the presence of the employee of La Poste or the delivery person, the condition of the packaging of the goods and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three (3) days of delivery.

Article 9. Evolution of Subscription

The Seller reserves the right to modify, during the performance of the Subscription, the content and operation of the FishFriender platform. The Subscriber will be informed of these evolutions by publication on the site, on the application or by any other appropriate means.

The Seller also reserves the right to modify the content of the GTC at any time and notify the Customer of the changes thus made by e-mail or by any other appropriate means. The new Terms and Conditions will come into effect from the date of notification to the Customer.

Article 10. Warranty

All Products supplied by the company Halieuticom benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In case of non-compliance of a product sold, it may be returned to the company Halieuticom who will resume, exchange or in case of impossibility will refund. All claims, requests for exchange or refund must be made by post to the following address: Halieuticom, 113 boulevard Beaumarchais, 75003 Paris, within thirty (30) days after delivery.

Caution: Be sure to return the Product in an appropriate packaging and to avoid any damage during transport of the Product.

The shipping costs of the Product subject of the legal guarantee of conformity, will be refunded, on proof.

Article 11. Responsibility

The company Halieuticom, in the process of distance selling, is held only by an obligation of means. It can not be held responsible for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break of the service, or other involuntary problems.

For the performance of the obligations resulting from the Subscription contract, the Seller is automatically responsible for the proper performance of said contract (Article L. 221-15 of the Consumer Code). However, he may be exonerated from all or part of his responsibility in case of non-performance or improper performance of the contract attributable to the Customer, the fact, unpredictable and insurmountable of a third party to the contract or a case of force majeure.

Article 12. Intellectual Property

All elements of the Sites https://shop.fishfriender.com/, https://www.fishfriender.com/ and the FishFriender Application are and remain the intellectual and exclusive property of Halieuticom and in particular all the textual elements , graphics, sound, video, software or any other nature that it publishes in the context of the Site and the Application.

Nobody is allowed to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.

The Customer undertakes not to infringe the intellectual property rights held by Halieuticom or third parties who have published on the Site or the Application content protected by intellectual property rights.

Article 13. Personal data

The Halieuticom company undertakes to preserve the confidentiality of the information provided by the buyer, which he would have to transmit for the use of certain services. All information concerning him is subject to the provisions of the law n ° 78-17 of January 6th, 1978 relative to computer science, the files and modified freedoms. As such, the user has a right to access, modify and delete information about him. He may make the request at any time by mail to the following address: Halieuticom, 113 boulevard Beaumarchais, 75003 Paris.

Article 14. Governing Law - Language

These General Terms and Conditions of Sale and the transactions arising therefrom between the Seller and the Customer are governed by and subject to French law.

These GTC are written in English as a translation of the original French version.

In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.

Article 15. Assistance - Dispute Resolution

For any question concerning your Subscription or your purchase of Products made on the Site or on the Application, you can contact the customer service:

• by post to the following address: "Halieuticom", 113 Boulevard Beaumarchais, 75003 Paris (postage costs are your responsibility).

• by phone at +33.638749560 from Monday to Friday (except public or non-working day) from 9 am to 6 pm This number is not surcharged from a fixed line in mainland France. The pricing of the call depends on your subscription and your telephone company.

• by email to [email protected] Internet access fees are your responsibility.

All disputes to which the orders (Product and / or Subscription) concluded in application of these GTC could give place, concerning their validity, their interpretation, their execution, their resolution; their consequences and their consequences, which could not have been resolved amicably between the Seller and the Customer, will be submitted to the competent courts under the conditions of ordinary law.

The Client is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of the consumption (C. consom., Art.L 612-1) or with the existing sectoral mediation bodies, or any alternative dispute resolution process (conciliation, for example) in case of dispute.

Article 16. Pre-contractual Information - Customer Acceptance

The Customer acknowledges having communicated, prior to the placing of his order and the conclusion of the contract, in a clear and understandable manner, these GTC and all the information listed in Article L.221-5 of the Consumer Code and in particular the following information:

  • the essential characteristics of the Product or the Subscription;
  • the price of the Product or Subscription and ancillary costs (delivery, for example);
  • in the absence of immediate performance of the contract, the date or the period in which the Seller undertakes to provide the service;
  • information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they do not appear from the context;
  • information on legal and contractual warranties and how they are implemented;
  • the functionalities of the digital content and, where appropriate, its interoperability;
  • the possibility of resorting to a conventional mediation in case of litigation.

The fact for a Customer, to make an immediate purchase or to order a service entails adhesion and full acceptance of these GTC and obligation to the payment of the services, Subscriptions and Products ordered, which is expressly recognized by the Customer, which waives, in particular, to avail itself of any contradictory document, which would be unenforceable against the Customer.

"FishFriender" is a registered trademark of "Halieuticom SAS"