OPTIONIZR, SAS, with its registered office at 9 Allée Claude Monet, 92300 Levallois-Perret, registered with the RCS of Nanterre under the number 810 583 260.
OPTIONIZR can be contacted at the following coordinates:
Telephone : 01.79.75.95.59 ;
Email address : firstname.lastname@example.org.
APPLICATION OF THE TERMS AND CONDITIONS OF SALE
The Customer declares, prior to the purchase of any Option, to have read these General Conditions and to accept them expressly.
The acceptance of the General Conditions is indicated by a checkbox at the time of purchase. Acceptance can only be full and complete. Any acceptance subject to reservation is considered null and void. The Customer who does not agree to be bound by the Terms and Conditions must not make an Option purchase on the Website.
« Client » means a buyer of one or more Options on his behalf.
« Expiration Date » means when an Option expires and from which it can no longer be exercised.
« Lifespan » means the period of time between the time an Option is purchased and its Expiration Date.
« Confirmation Email » means the e-mail received by a Customer following the purchase of an Option confirming his purchase and allowing him to exercise the Option or extend the Life of the Option (if this option can be extended).
« Option » means an option (as described in article 4 of these general conditions of sale) created by a third party vendor and generated by the Optionizr System.
« Optionizr » means the company Optionizr SAS as described in article 1 of these general conditions of sale.
« Optionizr Services » designate (i) Option (s) purchasing services from a third party seller's website by clicking on the Widget and exercising Options from the Confirmation Email.
« Website » means the website www.optionizr.com and / or any sub-domain of said site.
« System » means all the computer systems developed by Optionizr made available to third-party vendors, allowing them to create and sell Options.
« User » means a person using certain Optionizr services or visiting the Website without purchasing Option(s).
« Widget » means the visual icon representing the Optionizr brand or the option service, which can be visualized in various ways, presents the websites of third-party sellers and allows, with a click, access to an Option(s) purchase page.
An Option represents the owner's right to purchase a product or service (referred to as the underlying product or service) for a specified period of time at the same price and under the same conditions that were established at the time the Option was purchased. been bought.
By purchasing an Option, a person buys the right to acquire the underlying product or service for a specified period of time. It does not buy, in whole or in part, the underlying product or service. Unless otherwise stipulated by the third party seller, the price for the purchase of the Option comes in addition to the price for the purchase of the underlying product or service.
During the life of an Option, the purchase of the underlying product or service is reserved for it and the underlying product or service can not, in principle, be sold by the seller of the Option to a third party. part.
Following the purchase of an Option, the Client may choose (i) to exercise his Option in order to purchase the product or service underlying it, (ii) to let the Option expire, which will have as a consequence the disappearance of its right to purchase the underlying product or service at the price and under the conditions fixed at the time the Option was purchased, or (iii) to extend the Life of the Option, if such an extension is authorized by the third party seller.
Exercise of the option
Following the purchase of an Option from the website of a third party seller by clicking on the Widget the Customer receives a Confirmation Email. He can exercise his Option by clicking on the button indicating this feature found in the Confirmation Email, which will have the effect of bringing it back to a page of the website of the third-party seller creating the Option or to a page of payment generated by Optionizr so that it can finalize the purchase of the underlying product or service.
An Option may only be exercised by its owner who is the person who purchased the Option or for whom the Option was purchased. The Customer undertakes never to transfer a Confirmation Email to or to authorize the exercise of an Option by any third party and acknowledges and agrees that any exercise of an Option will be deemed to have been performed by the Client.
Following the purchase of an Option, the Customer may decide to allow the Option to expire and therefore not to purchase the underlying product or service. It suffices for it not to exercise the Option during its Life.
As long as the Option allows, the Life of the Option can be extended. The Option Lifetime can be extended by clicking on the button indicating this feature from the Confirmation Email, which will redirect the Customer to a purchase page from which it can extend the Duration. of Life of his Option.
PRICE OF OPTIONS
All Options prices are inclusive of all taxes (VAT and other applicable taxes).
The prices and descriptions of the underlying products and services are indicated (in terms of content) on the website of the third-party seller creating Options on the date of purchase of the Option. They are indicated all taxes included, in the currency chosen by the seller third party creator of the Option, unless otherwise indicated.
Although purchasing the right to purchase the underlying product or service at the price and under the conditions set at the time of the purchase of the Option, it is the responsibility of the Customer to check with the third party seller Option if other fees may apply to the purchase of the underlying product or service, including but not limited to, delivery charges, customs ...
The Customer acknowledges and agrees that the price of the underlying product or service at the time of the purchase of an Option is the price excluding taxes and acknowledges and accepts, therefore, that a third party seller can not be held responsible the change in the price including tax of an underlying product or service in the event of a change in the tax rate chargeable on the price of the underlying product or service, between the moment the Option was purchased (or its Extended Life) and when it would be exercised.
The Customer acknowledges and agrees that in the event of payment of the underlying product or service in a currency other than that of the Customer, the fluctuation of the exchange rate between the Customer's currency and the third-party vendor's currency between the time the Option occurs. has been purchased (or its Extended Life) and the time it would be exercised could have an impact on the price inclusive of the underlying product or service and that the third party seller can not be held responsible for the change in price due to such fluctuation.
It is the Customer's responsibility to check with the third party seller that the underlying product or service can be delivered to its destination.
AVAILABILITY OF OPTIONS
Customer acknowledges and agrees that the Options are created by the Third Party Vendors, who alone decide the Life of each Option and the price, the underlying products or services to which it applies and the timing of its selection. propose an Option. Optionizr can not guarantee that an Option on an underlying product or service visible from the third party vendor's site will be available at any time or for the duration desired by the Customer or the User. In no event will Optionizr be liable for this.
At the time of purchase the Customer will be notified by email as soon as possible if any Purchased Options prove to be unavailable, and it will not be charged, or will be refunded, for the purchase of such Options.
Validation of the purchase of one or more Options by the Customer entails acceptance of these general conditions of sale.
The User wishing to buy an Option follows the following process in order to make his purchase from the website of a third-party seller. By clicking on the Widget, the Customer is redirected to the Purchase page of the Option where he can select the period for which he wants to buy it before clicking the button leading to the payment page.
Payment by credit card
After having selected the expiration date (s) for his / her Option (s), the Client checks his / her order. He provides his data to establish a receipt, the number of his credit card and the associated expiry date. He finally validates his / her purchases by clicking on the payment button. Payment is made through the payment provider chosen by Optionizr and whose name is indicated on the Website.
Payment by Paypal
With PayPal the Customer's financial information is never communicated to Optionizr. To pay online, it is sufficient for the Customer to indicate the details of his Paypal account (email address and password).
8.2. Default of payment
OPTIONIZR reserves the right to cancel any Options of a Customer with whom a payment dispute exists, particularly in the event of delay and / or default of payment.
SECURITY OF PAYMENTS
To ensure payment security, OPTIONIZR uses the secure payment service Braintree. This service complies with the Security Card Industry Data Security Standard (PCI DSS) and is PCI Level 1 certified.
REIMBURSEMENT AND RIGHT OF WITHDRAWAL
The legal person who uses the services in the context of his professional activity has no right of withdrawal.
The Customer natural person who uses the services outside any professional activity recognizes that it can not benefit from the right of retraction envisaged with the article L.221-21 of the Code of consumption, since the services proposed by Optionizr to the hereby constitute "leisure activities that must be provided at a specific date or period" and do not entitle the Customer to a right of withdrawal as provided for in Article L.221- 28 of the Consumer Code.
Once the price of the Option has been paid, the Customer acknowledges and accepts that he may not, under any circumstances, exercise any right of withdrawal or obtain a refund.
The reimbursement by the third party seller of an underlying product or service purchased following the exercise of an Option, may in no circumstances entail the reimbursement of the Option which constitutes a separate service.
OBLIGATIONS OF THE THIRD PARTY SELLER
In the event of exercising an Option during its Life, the third-party seller who creates and sells the Option has the obligation to sell the underlying product or service to the owner of the Option at the price and in the conditions which were fixed at the time of the purchase of the Option.
ROLE OF OPTIONIZR
Optionizr acts as a broker between the Customer and the third party seller in that it makes available to the third party vendor the technical means and tools allowing him to create and sell Options through the Widget on the products and services they sell. Although Optionizr facilitates transactions through its System, allowing third-party sellers to create Options and sell them to Internet users, Optionizr is neither the buyer nor the seller of Options created by third-party sellers. Optionizr's liability is limited to the provision of its tools and means, as described herein, and to the linking of the Customer with the third party vendor, to the exclusion of all other services and in particular direct sales. Options and / or sale of products and services covered by an Option.
As a result, for the sale of Options created by third party sellers, a contract is formed solely between the Customer and the third party vendor. Optionizr is not a party to such a contract and assumes no liability arising from such contract or arising out of this sales contract and can not be party to any potential dispute between them. Optionizr is neither the agent nor the agent of the third party sellers. The third party seller is solely responsible for the sales of the Options he creates and the claims or any other problem arising or related to the sale of such Options and the effects they produce, between him and the buyer.
RESPONSABILITY OF OPTIONIZR
Optionizr will make its best efforts, in the terms of an obligation of means, to ensure the availability of Optionizr Services. However, Optionizr does not guarantee the Client that:
Services, subject to constant research to improve performance and progress, will be completely free of defects, errors or defects ;
The services are standard and not proposed for the sole purpose of the Customer according to his own personal constraints, specifically meet the needs and expectations of the Customer;
The Website will operate uninterruptedly, Optionizr reserves the right to temporarily interrupt access to services for maintenance reasons, or
add a new feature or offer a new service. Optionizr will endeavor to limit the frequency and duration of these suspensions or limitations.
The services will operate uninterruptedly, Optionizr can in no way be held responsible for disturbances or failures of the Internet or telecommunication network, and more generally that would have their origin in circumstances that are external to it or due to force majeure.
Subject to these reservations, Optionizr may be held liable under ordinary law for the direct damages suffered by the Customer as a result of a breach of its contractual obligations as defined herein. When the Client is a professional using the services in the course of his activity, he acknowledges and accepts that Optionizr is not responsible for (i) losses that have not been caused by any fault on his part, or (ii) commercial losses (including but not limited to loss of profit, profits, contracts, expected savings, loss of profits, increase in overheads, loss of opportunity), or (iii) any indirect or consequential loss that does not was not predictable by the Customer and Optionizr when the Customer started using the Optionizr Services.
The Client acknowledges and agrees that Optionizr can not, under any circumstances, be held liable for any problem related to the sale of products and services underlying the Options.
In any case, the Customer acknowledges that the services offered by Optionizr offer him an additional solution, alternative to purchase the products or services of third-party sellers and that this solution can not be a substitute for other means he may have elsewhere for achieve the same goal.
Optionizr may send emails to Clients some time before the expiration of an Option to indicate that the Option is about to expire. The sending of such emails is done on a voluntary basis by Optionizr and non-automatically. It is the Customer's responsibility to check the expiry date of each Option he owns. The Customer acknowledges and agrees that Optionizr has no obligation to send such emails and that its responsibility can not be held in case of non-recall of an expiring Option. When purchasing one or more Options, the customer agrees to receive warnings before the expiration of the one (s), by email or / and SMS.
The Customer acknowledges and agrees that in connection with its use of the Services for the purchase of an Option, Optionizr collects and / or receives from third-party sellers personal data concerning it and that in this respect Optionizr acts solely on instructions the third party vendor on behalf of which he provides Tools and technical means of selling Option as a subcontractor, and that the latter can not be held liable in this respect. The Customer acknowledges and agrees that he must turn directly against the third party seller and exercise his right of access and / or rectification with the latter. The Customer is informed that Optionizr does not process or store this personal data for a purpose distinct from that pursued by the third party vendor on whose behalf it collects and stores such data.
Optionizr declares in particular to comply with all the legal and regulatory obligations incumbent upon it with regard to the protection of personal data, in particular to guarantee the security and confidentiality of data collected and processed on its own behalf as data controller. In particular, it undertakes to make all the mandatory declarations with the National Commission for Data Processing and Freedoms.
All elements of the Website and the System, whether software, visual or audio, including the underlying technology, are protected by copyright, database producers, trademarks or patents. They are the exclusive property of Optionizr.
All content present or made available through Optionizr Services, such as text, logos, buttons, images, are protected by copyright, trademarks or patents. They are the exclusive property of Optionizr.
Any disassembly, decompilation, deciphering, extractions, reuse, copies and more generally all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Optionizr are strictly prohibited and may to be prosecuted.
DURATION OF THE GENERAL CONDITIONS OF USE
Any Customer or User is subject to compliance with these terms and conditions from the purchase of an Option for the time of the transaction.
The general conditions of sale applicable are those in force on the day of use of any Service Optionizr by the Customer or the User.
AUTONOMY OF THE TERMS AND CONDITIONS OF SALE
In the event that any of the stipulations of these general conditions of sale become void, unfit to produce the effects in consideration of which it was inserted, inapplicable, unenforceable, invalid or illegal, the other stipulations of these conditions General Terms and Conditions will not be affected and Users and Customers will not be relieved of their obligations with regard to the execution of these general conditions of sale.
These general conditions of sale are governed by French law.
The stipulations of this article are only applicable to the Customer natural person who uses the Services outside any professional activity for his private needs.
In the event of any dispute relating to these General Terms and Conditions, the Customer is informed that he / she may use a consumer mediator free of charge in accordance with the provisions of Article L616-1 of the French Consumer Code, and this beforehand. introduction of any action before the competent courts.
As such, it is informed that Optionizr has joined the mediation services of Médicys, undersigned Médicys, Center for mediation and amicable settlement of the judicial officers, which can be contacted at the following coordinates: https://www.medicys.fr/ or 73, boulevard de Clichy - 75009 Paris.
The Client is informed that he also has the possibility to file a complaint via the platform for online dispute resolution (called "RLL" platform) accessible via the link below:
In case of failure in the appointment of the mediator or the mediation itself, the most diligent party can seize the competent court according to the terms of the article below.
Any dispute between a Client and Optionizr, any dispute and / or difficulty of interpretation or executions of these general conditions of sale will come under the jurisdiction of the French courts.
When the Customer is a consumer within the meaning of the preliminary article of the Consumer Code, the Customer may seize either one of the jurisdictions territorially competent under the Code of Civil Procedure, or the jurisdiction of the place where he / she remained at the time the purchase of the Option or the occurrence of the harmful event, in accordance with the provisions of Article R.631-3 of the same Code.