TERMS AND CONDITIONS OF SALES

The company SALIENCE, with its registered office at TOURS, FRANCE (37000), 30 Rue André Theuriet, and registered in the TOURS Trade Register under number 531 258 291, publishes and offers an SaaS (Software As A Service) collaborative work application called "FeatureMap" via the Internet on the website www.featuremap.co.

The purpose of these General Terms of Sale (hereinafter referred to as the "T&CS") is to define the terms and conditions under which the Client subscribes to a right to use this application. They cancel and replace all other general conditions issued previously and which may appear on documents or agreed to by any other mean

Article 1 - DEFINITIONS

Terms and expressions beginning with a capital letter have their definition given below, whether used in the singular or in the plural:

“Subscription”: refers to the paid subscription to the Application that the Client can sign up for on the Site or directly from SALIENCE according to the terms indicated by the latter. This subscription gives the Client and, where applicable, the Users a right to use the Application according to the terms and conditions set out at the time of its subscription, in particular concerning its duration.

“Application”: refers to the SaaS application developed and published by SALIENCE, the purpose of which is a collaborative tool facilitating the definition of roadmaps and the monitoring of projects by Users.

“T&C”: refers to all the articles of the General Terms of Use under which SALIENCE provides Clients and Users with access to the Site, as well as the Application terms of use.

“Client”: refers to any natural or legal person who takes out a Subscription to the Application.

“Order”: refers to each order for one or more Subscriptions placed by the Client with SALIENCE.

“Client Account”: refers to the Client's personal account on the Site.

“Data”: refers to the information or files of all types (texts, images, sounds, videos, etc.) entered into the application, under the responsibility of the Client and/or the User, and transmitted to the servers managed by SALIENCE.

“Client Data”: refers to all personal Client Data collected by SALIENCE.

“Features”: refers to the free or paid features of the Application that the User can use.

“New Major Version”: refers to each new version of the Application Features, including adaptations, improvements, and/or substantial modifications of existing Features that do not fall within the scope of Maintenance, with the exception of compliance required by current legislation. Each New Major Version may be marketed separately by SALIENCE.

“Site”: refers to the website accessible at the address https://www.featuremap.co, as well as any sub-site, mirror site, portal, and web addresses that depend on it, to which Clients and/or Users may connect for the purpose of using the Application or ordering a Subscription to it.

“User”: refers to the Client or any user who creates a User Account on the Site and registers therein for the purpose of using the Application Features subscribed to by the Client and the User.

Article 2 - PRINCIPLES

2.1 Acceptance

All other conditions, provided that they are not in contradiction with the present, will only be valid if they have been accepted by SALIENCE in a prior and explicit manner.

The Client acknowledges that the use of the Site, the Application, and the Features requires that the Client has the technical means required for the proper use of the Features, such as an Internet connection, the costs for which are independent of the Features offered by SALIENCE.

2.2 Modifications

SALIENCE reserves the right to modify the Terms and Conditions at its sole discretion.

Application Feature Orders offered by SALIENCE are always subject to the most recent version of the T&CS present on the Site and accessible to Clients and users at the time of their Orders.

2.3 Violation

SALIENCE has the right to refuse access to the Site, the Application, and/or the Features provided to clients who violate these T&Cs; to block access to any affiliated site for which SALIENCE is responsible; or to close a Client Account, without prejudice to the compensation that would be due to SALIENCE by the perpetrator of the violation.

2.4 Agreement on evidence

The Client acknowledges that copies and backups made on the Site or the Application (hereinafter the “Electronic Documents”) are fully applicable between the Client and SALIENCE. Thus, the Electronic Documents, including their update dates, will be admissible in any dispute between the Parties.

The Client therefore accepts the validity and admissibility of email exchanges with SALIENCE. Similarly, purchase orders, amounts paid by the Client, receipts, return and credit notes, late payment penalties, and other documents, as well as their copies on optical or magnetic discs preserved by SALIENCE, serve as proof with regard to the Client.

A printed version of the T&Cs, as well as any information sent electronically, will be admitted in any legal proceedings concerning the application of these T&CS in the same way and under the same conditions as any other document written and preserved in paper format.

Article 3 - SUBSCRIBING TO THE APPLICATION

The Client may take out an Application Subscription either on the Site or directly from SALIENCE.

3.1 Subscription on the Site

The Client places their Application Subscription order from the Site by following the procedure provided for this purpose on the latter.

Any online order implies acceptance by the Client of the descriptions of the Application, the price of the Subscription, and its use within the framework thereof.

Once their order has been completed, the Client has the opportunity to check the chosen Subscription and the total price of their order by means of a summary screen. They may, if necessary, modify this order before confirming it.

Once their order has been verified, the Client confirms and finalizes it by clicking on the “Pay for my order” button and following the procedure provided for this purpose on the Site.

This action is assimilated to the handwritten signature referred to in Articles 1174, 1359 et seq. of the Civil Code and the conclusion of a commitment in electronic form within the meaning of Articles 1128 et seq. of the Civil Code. By means of this action:

The Client validates their order and declares that they accept it, as well as all these General Terms fully and without reservation, and;

The order is considered final on the part of a Client and cannot be challenged by the latter without the agreement of SALIENCE.

Upon registration of their order, an acknowledgment of receipt and confirmation of the order is automatically sent to the Client at the email address they have indicated.

This email details the Client's order, and refers to these General Terms.

SALIENCE recommends that the Client keep this email and/or print it as proof of their order.

Sending this acknowledgment of receipt and order confirmation implies acceptance of the order and validation of the transaction.

No total or partial cancellation of the order will be accepted except with the prior agreement of SALIENCE.

3.2 Subscription from SALIENCE

In this case, the Subscription terms and conditions are as follows:

  • The Client contacts SALIENCE directly;
  • Following this contact, SALIENCE sends the Client an estimate for the Subscription;
  • The Client accepts SALIENCE's quote or issues an order form containing the information appearing on said quote;
  • SALIENCE sends the Client an acknowledgment of receipt and an invoice for the Subscription in order to proceed with the payment of its price according to the methods indicated thereon;
  • Once payment has been made, SALIENCE sends the Client the information necessary for the use of their Subscription.

3.3 Absence of the consumer client's right of withdrawal

For Clients acting exclusively as consumers, within the meaning of Article L.221-18 of the Consumer Code:

The client acknowledges and accepts that no right of withdrawal can be exercised by the client in the context of their subscription to the Application Features provided by SALIENCE.

Indeed, a Subscription to the application by the client grants them direct and immediate access to the Features offered by the Application. There is therefore no interval between the Order confirmation and the delivery of the Products and/or Services ordered.

Article 4 - DURATION, RENEWAL, AND TERMINATION

4.1 Duration

The Application Subscription takes effect for the duration determined when it is concluded by the Client.

4.2 Renewal

In the event that the Subscription is concluded for a specific initial period, at the end of this period it is automatically renewed for an identical period. In this case, the corresponding price is due and payable on the first day of the new period. SALIENCE will send an email to the email address entered in the Client Account to inform them of the renewal of their Subscription at least SIXTY (60) days before the expiry of the initial period.

However, the client may refuse the automatic renewal of their Subscription by sending an email to SALIENCE at least FIFTEEN (15) days before the end of the period, or by clicking on the “End my subscription” button provided on the Site for this purpose.

4.3 Termination

In the absence of renewal, the Subscription will be terminated at the end of the specified period.

At the time of this termination, SALIENCE will inform the Client of their termination by sending an email to the address indicated in the Client Account.

In any case, once the Subscription has been terminated, the Client has the option of using the Application free of charge according to the methods indicated on the Site.

4.4 Early subscription termination

In the event that the Client does not comply with the terms of these T&CS despite a formal request issued by SALIENCE, SALIENCE may terminate the Subscription and suspend access to the Application. Termination of a Subscription for reasons attributable to the Client is without prejudice to SALIENCE's right to claim compensation for any damages caused by the Client's breach.

Article 5 - PRICING POLICY

5.1 Price

Subscription prices are those fixed on the day of the Client's Order. The current rates at which the Application is offered by SALIENCE can be consulted on the Site or by request addressed to SALIENCE.

The Subscription concluded by the Customer is indicated in the Order Confirmation sent to them by email, which includes the specific conditions that apply, as well as all taxes unless expressly indicated.

SALIENCE may change the price of Application Subscriptions indicated on the Site at any time.

The Client may select pricing in euros (EUR), US dollars (USD), or pounds sterling (GBP), according to their convenience.

5.2 Payment

The Client may pay any amount due as indicated by SALIENCE.

Payments made by credit card are processed through Stripe.

5.3 Billing

SALIENCE will send the Client an invoice for any amount due. The Client agrees to receive invoices electronically.

5.4 Late and non-payment

The payment period set for the Features ordered by the client cannot be extended for any reason whatsoever, including in the event of a dispute.

In the event of late payment, SALIENCE will automatically suspend access to the Application's paid Features TWO (2) days after the due date.

If the Client's default in payment persists beyond a period of TWENTY (20) days from the receipt of a formal notice to pay sent by any written means by SALIENCE, the latter may ipso jure terminate the use of the Application on simple written notification sent to the Client by any means.

Any amount not paid on the due date will automatically and without notice result in the claim of interest calculated at 3% of the legal interest rate, without this penalty affecting the payment of the amount initially due.

In addition, any late payment will result in the Client being invoiced in default of any recovery costs, these becoming immediately due and payable regardless of the deadlines granted for their payment, plus a penalty of FIFTEEN (15) percent.

Article 6 - APPLICATION LICENSE

6.1 Rights granted by SALIENCE

As part of the Client's Subscription to the Features, SALIENCE grants the Client a non-exclusive, non-transferable, and non-assignable right to use the Application as specified in the Order.

The Client expressly acknowledges that all rights related to trademarks, know-how, technical concepts, and all rights associated with the Application remain the exclusive property of SALIENCE. In general, SALIENCE owns the intellectual property rights for the general structure of the Site and the Application.

6.2 Scope of the application

This license granted to the Client for the Application is expressly limited to actions related to its use. The Client may use the Application by means of one or more computers within the limits set by their Subscription.

6.3 Usage restrictions

The Client and Users are not authorized to:

  • Sell, rent, sub-license, or distribute the Application in any way, free of charge or against payment;
  • Modify the Application in any way and/or merge all or part of the Application into other computer programs;
  • Carry out any temporary or permanent reproduction of the Application not provided for in this license, with the exception of the backup copy provided for in Article L.112-6 of the Intellectual Property Code;
  • Carry out any interface or integration with other versions of the Application;
  • Compile, decompile, disassemble, translate, analyze, or reverse engineer the Application, or attempt to do so except within the limits authorized by law.
  • Use the Site or the Application in any way not expressly authorized by these T&CS.

6.4 Duration

This license is granted for the same period as that of the Subscription indicated in the Order confirmation, as defined in Article 4 of these T&CS.

6.5 Intellectual property

In any event, the license taken out by the Client does not confer any intellectual property rights to the Application, which remains the full and exclusive property of SALIENCE. The Client thus undertakes to respect the notices of ownership appearing on the Site, the Application, the media, and related documentation.

Article 7 - CONFIDENTIALITY

Any information, Data, or document of any type transmitted by one of the Parties to the other, orally or by electronic means, including (but not limited to) any concept, memo, analysis, methodology, software, know-how, protected or not by an intellectual or industrial property right, with or without the mention “confidential information”, will be treated as confidential information.

Article 8 - OBLIGATIONS OF SALIENCE

8.1 Site and Application availability

SALIENCE undertakes to make their best efforts to ensure that the Site and Application are accessible to the Client and Users via an Internet network connection, 24 hours a day and 7 days a week.

As such, the Client is warned of the technical hazards inherent to the Internet, and of access interruptions that may result therefrom. Consequently, SALIENCE cannot be held responsible for any unavailability or slowdown of the Site and/or Application.

Furthermore, SALIENCE reserves the right to restrict, without notice, total or partial access to the Site and/or Application in order to ensure their maintenance and/or development. SALIENCE will try not to make access to the Site and/or Application unavailable for an excessive period of time.

Similarly, in the event of inaccessibility of the Site and/or Application due to technical malfunctions under the responsibility of SALIENCE, they undertake to make their best efforts to remedy the malfunctions as soon as possible and to carry out the necessary corrections, and in any event, do not guarantee that access to the Site and/or Application will be uninterrupted.

In any case, SALIENCE is generally only bound by due diligence in the Client's access for Users to the Site and/or Application.

8.2 Client and User Data hosting

SALIENCE will host the Data exchanged, processed, and generated by the Client and Users in the context of their use of the Application.

SALIENCE undertakes to host the Client and User Data in a fashion such that they are accessible.

From the time it is put online, SALIENCE undertakes to do their best to ensure that the Client and Users can access their stored Data via a connection to an Internet network, 24 hours a day and 7 days a week,

As such, the Client is warned of the technical hazards inherent to the Internet, and of access interruptions that may result therefrom. Consequently, SALIENCE cannot be held responsible for any unavailability of access by the Client and Users to their Data.

Furthermore, SALIENCE reserves the right to restrict, without notice, in whole or in part, access to the Application, and thus to the Data, in order to ensure in particular its maintenance and/or development, as well as the software, hardware, or infrastructures used for hosting the Data. SALIENCE will try not to make access to the Data unavailable for an excessive period of time.

Similarly, in the event of inaccessibility of the Data due to technical malfunctions under the responsibility of SALIENCE, they undertake to make their best efforts to remedy the malfunctions as soon as possible and to carry out the necessary corrections, and in any event, do not guarantee that access to the Data will be uninterrupted.

The Client and Users are required to carry out, on their own media, any backup that they deem necessary of their Data, the storage and preservation of which are under their own responsibility.

The Client undertakes and guarantees to SALIENCE that they hold all the rights relating to the information, Data, and content hosted by SALIENCE. The Client therefore assumes all liability vis-à-vis SALIENCE, including attorney's fees, in the event of recourse, complaint, or claim against them from any third party considering itself aggrieved for the Data generated, processed, and exchanged by their care and Users within the Application.

The Client is prohibited from hosting illegal content in any case.

Article 8.3 - Responsibility

SALIENCE undertakes to provide all care and diligence necessary for the use of the Application by the Client and Users.

In the event that SALIENCE's liability is engaged, subject to any mandatory legal provision to the contrary, the will be engaged in compensation only for the real, direct, personal, and certain damage suffered by the Client, insofar as the Client provides proof that the failure or fault of SALIENCE is the cause of this damage.

Thus, the responsibility of SALIENCE can in no case be engaged:

  • In compensation for indirect damages, loss of operations, productivity, earnings, brand image, contracts, investments, time, data, files, computer programs, or documentation when using the Site and the Application, even if SALIENCE has been advised of the possibility of such losses;
  • In the event of force majeure as defined in Article 12 below.

In all cases, SALIENCE's liability is expressly limited to direct damages suffered by the Client, where applicable up to an amount equal to the sums thus received by SALIENCE under the Subscription taken out by said Client.

In any case, SALIENCE will not be held liable and no compensation will be due in the following cases:

  • Interruption of access to the Site, Application, and Client and User Data, in particular in the event of maintenance or development, technical malfunctions, or Internet network failures;
  • Deterioration of the Site, Application, and the Data of the Client and/or Users caused by the latter;
  • Partial or total destruction of Client and User Data transiting and generated during their use of the Application following errors attributable directly or indirectly to the Client and/or Users, or due to a third party having accessed the Application using the username and password of the Client and/or Users;
  • In the event of damages resulting from technical causes, and in particular from the unavailability of the Application, as well as from any defect affecting the operation of the latter;
  • Failure on the part of Internet network operators, and in particular of the Client and Users' access provider(s). In this respect, SALIENCE informs the Client that their services are dependent on other technical operators and that their liability cannot be engaged due to failures thereof.

Article 9 - CLIENT DATA MANAGEMENT POLICY – COOKIES

Article 9.1 - Client Data

For the requirements and in the context of the use of the Application and the Subscription, the Client may be required to provide personal information concerning them, in particular when creating their personal account, which SALIENCE can thus use for their own purposes.

The collection of personal data is primarily necessary for SALIENCE to allow the use of the Site and Application by the Client, and is therefore based on the latter. Failure to provide data may impact the use of the Site and Application.

This data is intended in this context to be communicated to the service providers and technical partners they use in the context of the operation of the Site and Application, as well as to tax authorities or to a court in the context of compliance by SALIENCE with their legal and administrative obligations, or in the context of litigation management.

Secondly, some of the data thus collected may also be used by SALIENCE to send the Client, if they have expressed their agreement to this effect, emails and information in order to inform them of new developments.

SALIENCE undertakes to take all useful precautions to preserve the security of the data provided by the Client, or to which they may have access for their own needs, and, in particular, to prevent it from being distorted, damaged, or accessed by unauthorized third parties.

SALIENCE informs the Client whose data may thus be collected that they have, in accordance with the General Data Protection Regulation (EU Regulation 2016/679), a right of access, modification, deletion, limitation, opposition, and portability of data concerning them. In addition, in accordance with the right of opposition applicable according to the relevant regulations, the Client may also refuse to receive information emails from SALIENCE relating to new developments.

These rights can be exercised by sending an email to the addresssupport@featuremap.co, or according to the procedure appearing on the information email sent by SALIENCE.

The Client also has the right to lodge a complaint concerning the processing of their personal data by SALIENCE with the CNIL (National Commission for Information Technology and Freedoms) - 3 Place de Fontenoy - TSA 80715 -75334 Paris Cedex 07; telephone: 01 53 73 22 22; website: www.cnil.fr.

SALIENCE undertakes to keep the personal data that they may thus collect for a period not exceeding the purposes for which they process it.

Article 9.2 - Cookies

For the purposes of the operation of the Site and Application, certain pages of the latter may use "cookies", which are small text files containing specific information concerning the Client stored on the hard disk of the computer equipment with which they are connected to the Site and/or Application, and can only be read by the server that provided them.

SALIENCE makes limited use of “cookies”, and those used on the Site and Application are intended only to optimize the consultation and use of the Site and Application by the Client.

These include cookies allowing the registration of the Client's identifiers for connection to their Client account.

If the Client does not wish this technology to be used, it is possible for them to deactivate this function in their navigation software, while retaining access to the Site and Application, by following the procedure provided for this purpose on the banner information appearing on the Site.

Most web browsers are set by default to accept cookies, which are essential to the functioning of the Internet. But they also allow you to choose to refuse all cookies, or even to select specifically those that the user wishes to keep.

The details of how to do so are specific to each browser, but the configuration remains relatively accessible via their respective help menus, for example:

  • Google Chrome:
    • https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=frhttps://support.google.com/accounts/answer/61416?co=GENIE.Platform=Desktop&hl=fr
  • Internet Explorer:
    • https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookieshttps://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies
  • Mozilla Firefox:
    • https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferenceshttps://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences
  • Opera:
    • http://help.opera.com/Windows/10.20/fr/cookies.htmlhttp://help.opera.com/Windows/10.20/fr/cookies.html

CLARIFICATION: SALIENCE cannot guarantee that these URLs remain applicable, nor the quality of the information contained therein.

SALIENCE informs the Customer that setting their browser to refuse or restrict such and such a cookie can have two important consequences:

  • Limitation or restriction of access to a service, page, or content of the Site and Application;
  • Degraded user experience (being required to retype the same information several times, for example).

Article 9.3 - Data processed by SALIENCE in the name and on behalf of the Client

Within the framework of the Application, SALIENCE may be required to process personal Data belonging to the Client in their name and on their behalf.

In accordance with the General Data Protection Regulations, SALIENCE undertakes to:

  • Process the data only for the purposes of performing the services concerned and for the purpose(s) defined in the context of the latter;
  • Process the data entrusted to them in accordance with the purposes agreed upon with the Client, as well as the written instructions transmitted by the latter. As such, the Client undertakes to formalize any instructions and send them to SALIENCE in writing. Failing this, SALIENCE cannot be held liable in any way whatsoever. If SALIENCE considers that an instruction transmitted constitutes a violation of the General Data Protection Regulations, SALIENCE will so inform the Client;
  • Preserve the confidentiality and security of the data concerned, in particular by implementing the appropriate organizational and technical measures. As such, SALIENCE can in no way be held liable for security defects that may be attributable to the Client;
  • Ensure that the persons authorized internally to access the data respect their confidentiality;
  • Take into account, with regard to their tools and services, the principles of data protection by design and data protection by default;
  • Cooperate with the Client to enable them to assess and document the compliance of their personal data processing, and thus provide them with the documentation necessary to enable them to assess compliance with their obligations;
  • Not transfer data to states located outside the European Union without first informing the Client.

SALIENCE may call on external service providers for the purposes of the operation of the Application. The use of these subcontractors may involve transferring the Client's personal data to them, the acceptance of which they declare. SALIENCE will ensure that they process the data entrusted to them in compliance with the provisions of this article.

The Client undertakes for the duration of their relationship with SALIENCE to comply with all obligations applicable to them within the meaning of the General Data Protection Regulations in their capacity as Data Controller for the data concerned.

In particular, it is the Client's responsibility to provide the persons whose data is entrusted to SALIENCE with the information provided for by said Regulations, in particular the rights they have and the purposes for which they collect their data, to process this data in a fair, transparent, lawful, and proportionate manner, and to take all necessary measures to preserve its confidentiality and security in the context of the processing they carry out.

Consequently, the Client declares that they guarantee SALIENCE against any complaint or recourse which would be related to the Client's non-respect of their obligations.

In the event that the persons whose data is entrusted exercise directly with SALIENCE one of their rights recognized by the General Data Protection Regulations, SALIENCE will ensure that this request is sent by any written means at its convenience directly to the Client who will be solely responsible for its processing.

SALIENCE will notify the Client by any written means of their convenience as soon as possible after having become aware of any violation of personal data of which they will thus ensure the processing on behalf of the Client. This notification will be accompanied by any useful documentation defined by SALIENCE allowing the Client, if necessary, to notify the competent supervisory authority or the persons whose data would be affected of this violation.

At the end of the performance of services giving rise to the processing of the Client's data by SALIENCE, the latter will carry out the destruction of the data concerned.

Article 10 - SUSPENSION – TERMINATION

Without prejudice to the provisions in these T&Cs, in the event that the Client breaches one of their obligations provided for therein and the Client's failure to have remedied this breach within 10 days of the receipt of a formal notice by SALIENCE, the latter may automatically, upon simple written notification sent to the Client by any means, suspend the Subscription and/or use of the Application by the Client until the termination of the latter's breach.

If the Client's breach persists beyond a period of 20 days from the Client's receipt of a formal notice from SALIENCE, the latter may ipso jure terminate the Subscription and/or the use of the Application by the Client.

Article 11 - COMPLAINT – COMPENSATION

For any complaint, the Client can send their request by email to the address support@featuremap.co, or by post to the following address:

SALIENCE 30 Rue André Theuriet 37000 Tours FRANCE

A response to the complaint will be sent by SALIENCE by email within a period ranging from SEVEN (7) working days to ONE (1) month, or by post if specifically requested by the Client.

If, at the end of this period, the Client has not received a satisfactory response, they may send a new request in the form of a letter by registered mail with acknowledgment of receipt. This new request must be processed within ONE (1) month following receipt of said letter.

In all correspondence exchanged with SALIENCE by email or by post, the Client must state their surname and first name, email address, and their order reference number, so that they are able to identify the Client and respond to their request. Any incomplete request will not be processed by SALIENCE.

Article 12 - FORCE MAJEURE

In the event that the non-performance of any obligation on the part of one of the Parties is caused by a situation of force majeure, their liability cannot be sought.

Any event beyond the control of the debtor of the obligation which could not have reasonably been foreseen at the time of the conclusion of this Contract, the effects of which cannot be avoided by appropriate measures, and which prevents the execution of their obligation by the debtor, will be considered as constituting a situation of force majeure with regard to the obligations of the Parties.

This will be the case, without this list being exhaustive, in particular in the events usually retained by the jurisprudence of the courts, such being situations of war, riot, natural disaster, embargo, epidemic, disruption of means of transport or communication channels, acts of government, changes to the regulations applicable to these T&Cs, the Site or the Application, internal or external strikes, internal or external failures or breakdowns, epidemics, pandemics, and in general any event that does not allow the proper execution of the contractual obligations.

Article 13 - MISCELLANEOUS

Article 13.1 - Forbearance

The fact that SALIENCE does not claim the application of any provision of these T&Cs, or tolerates their non-performance on a temporary or permanent basis, can in no way be interpreted as a waiver by SALIENCE to exercise the rights they hold hereunder.

The fact that SALIENCE tolerates non-performance or imperfect performance of these T&Cs, or more generally tolerates any act, abstention, or omission on the part of the Client that does not comply with the provisions of the T&Cs, cannot confer any right on the client.

Article 13.2 - Divisibility

In the event that one or more clauses are declared void by a court decision or prove impossible to implement, the validity of the other provisions will not be affected, and a replacement provision will be substituted therein in such a way as to reflect as faithfully as possible the original intention of SALIENCE.

Article 13.2 - Titles

The titles and subtitles appearing in these T&Cs are included for convenience only and may under no circumstances be used to interpret any provision of the T&Cs.

Article 14 - APPLICABLE LAW AND DISPUTES

Article 14.1 - Applicable law

The terms of these T&Cs are governed by French law, excluding any international convention.

Article 14.2 - Language

The official language of these T&Cs is French. The use of any other language is for informational purposes only. In the event of difficulties relating to the T&Cs, the Parties must refer exclusively to the French text.

Article 14.3 - Disputes and mediation

In the event of a dispute relating to these T&Cs, as well as to the commitments they govern, the Parties will try as far as possible to resolve it amicably within one month of one Party notifying the other Party by registered letter with acknowledgment of receipt.

In the event of failure, the dispute must be brought, even in the event of summary proceedings and notwithstanding multiple instances or parties, or appeal in warranty, before the Commercial Court of Troyes, to which the parties attribute exclusive jurisdiction, except in the event that another court is designated competent by rules of public order.

For Clients acting exclusively as consumers:

In accordance with Articles L. 611-1 et seq. of the Consumer Code, the Customer acting as a consumer has the option of directly resorting to a conventional mediation procedure for any dispute that may arise with SALIENCE.

To this end, the Client may use the service of the following mediator appointed by SALIENCE: Center for Mediation and Arbitration of Paris (CMAP), www.cmap.fr

To make use of this mediation procedure, the Client must first send their complaint to SALIENCE by registered letter with acknowledgment of receipt.

In the absence of a satisfactory response within one month, the Client may contact the mediator indicated above according to the procedures provided by the latter.

This mediation is free for the Client, with the exception of any legal fees or expert fees, which will remain at their expense.

In accordance with Article L. 611-2 of the Consumer Code, the dispute cannot be examined by the mediator when:

  • The Client does not provide evidence of having tried to resolve their dispute directly with SALIENCE beforehand by a written complaint according to the methods provided for, where applicable, in the contract,
  • The request is manifestly unfounded or abusive,
  • The dispute has been previously examined or is being examined by another mediator or by a court,
  • The Client has submitted their request to the mediator within a period of more than one year from their written complaint to SALIENCE,
  • The dispute does not fall within their jurisdiction.