Terms and Conditions of Sale and Use

Article 1 - Definitions

Hereinafter referred to as:

Article 2 - Information required by the French law on trust in the digital economy and purpose of the application

This application is published by BTK Consulting EURL.

Legal information concerning the publisher of the application, in particular contact details and any capital and registration details, is provided in the application's legal notice.

Information concerning the collection and processing of personal data (policy and declaration) is provided in the application's personal data charter.

the Application provides a reminder management service for plant maintenance, which will eventually offer the following services:

The purchase of a product or, more generally, the use of the Application implies the user's acceptance of these terms and conditions in their entirety, and the user hereby acknowledges that he/she is fully aware of them. This acceptance will be deemed to have the same value as a handwritten signature by the user. The user acknowledges the value of the application publisher's automatic recording systems as proof, and waives the right to contest them in the event of a dispute, unless the user provides proof to the contrary.

Acceptance of these terms and conditions implies that users have the legal capacity to do so. If the user is a minor or lacks legal capacity, he/she declares that he/she has the authorization of a tutor, curator or legal representative.

Article 3 - Characteristics of the products offered

The products offered are those listed in the catalog published in the application, and each product is accompanied by a description. The application's customer service department can be contacted by e-mail at the following address: contact@monstera-app.com or by post at the following address: 10 Rue Louise de Bettignies - 62590 Oignies - France, in which case the publisher undertakes to reply within 7 days.

Article 4 - Prices

The prices appearing in the application are understood to be in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of purchase.

BTK Consulting reserves the right to pass on any change in the VAT rate to the price of products or services. The publisher also reserves the right to modify its prices at any time. Nevertheless, the price shown in the application on the day of purchase will be the only price applicable to the purchaser.

Article 5 - Application account

The user creating an account on the application (member) can access it by logging in using the identifiers provided when registering, and by using systems such as third-party social networking connection buttons.

The user is entirely responsible for protecting the password he/she has chosen. Users are encouraged to use complex passwords. If you forget your password, you can generate a new one. This password guarantees the confidentiality of the information contained in the account, and the user is therefore prohibited from transmitting or communicating it to a third party. Failing this, the application publisher cannot be held responsible for unauthorized access to a user's account.

Members may be asked to provide a certain amount of personal information when purchasing products via the application; they undertake to provide accurate information. The account allows the customer member to consult all purchases made on the application.

Should the data contained in the member account section disappear as a result of a technical failure or force majeure, the application and its publisher cannot be held liable, as this information has no probative value and is for information purposes only. The pages and screens of the account do not constitute proof; they are for information purposes only, to ensure efficient management of purchases or contributions by the member.

The editor reserves the exclusive right to delete the account of any member who has contravened the present terms and conditions (in particular, but without this example being exhaustive, where the member has knowingly provided incorrect information at the time of registration) or any account which has been inactive for at least one year. Such deletion shall not constitute a loss for the excluded member, who shall not be entitled to claim any compensation as a result. Such exclusion is not exclusive of the possibility for the editor to take legal action against the member, where justified by the facts.

Article 6 - Exoneration of the publisher's liability in the performance of the present contract

In the event of unavailability of the application, due to technical problems or any other cause, the user shall not be entitled to claim any damages or compensation. The unavailability of one or more products, even for a prolonged period and without any time limit, shall not constitute a prejudice for users, and shall in no way give rise to the awarding of damages by the publisher. The hypertext links present on the application may lead to other applications or websites, and the application publisher cannot be held liable if the content of these sites and applications contravenes current legislation. Likewise, the editor cannot be held liable if the use of these sites or applications by the user causes prejudice.

Article 7 - Intellectual property rights relating to elements of the application

All elements of the application are the property of the publisher or a third party agent, or are used by the publisher with the authorization of their owner. Any copy of logos, textual, pictographic or video content, without this list being limitative, is strictly forbidden and is considered as counterfeiting.

Any member found guilty of counterfeiting is liable to have his or her account deleted without notice or compensation, and without this deletion constituting damages, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the application publisher or his or her agent.

This application uses elements (images, photographs, content) for which the credits are held by third parties. These credits will be indicated on each content item credited within the Application.

Article 8 - User contribution to content

Users may contribute to the content accessible via the Application, by publishing comments and photos. Contributors are informed that the publisher, represented where applicable by the moderators, may choose to publish the contribution in question on the Application's newsletters and on the sites of all its partners, on condition that the publisher cites the pseudonym of the author of the contribution. The author hereby waives his or her rights to the content of the contributions, in favor of the publisher, for any distribution or use, even commercial, and this, of course, always with due respect for the author's authorship.

Article 9 - Limitation of liability

The application publisher, notably in the online sales process, is bound only by an obligation of means; it cannot be held liable for any damage resulting from the application, such as loss of data, intrusion, virus, service interruption, or other. The application publisher, BTK Consulting, cannot be held responsible for non-performance of the contract due to an event of force majeure, and in particular in the event of disasters caused by flood or fire.

With regard to the products purchased, the publisher shall not be held liable for any indirect damage, operating loss, loss of profit, damage or expenses that may arise as a result of the present contract. The choice and purchase of a product are the sole responsibility of the customer. The total or partial impossibility of using the products, notably due to equipment incompatibility, cannot give rise to any compensation, reimbursement or liability on the part of the publisher, except in the case of a proven hidden defect, non-conformity or defectiveness. In the event that a purchase made through the application is not made available, the customer has a maximum of six months (from the date of purchase) in which to make a complaint. After this period, no claim will be accepted. The user expressly agrees to use the application at his/her own risk and under his/her sole responsibility. The application provides the user with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist.

Under no circumstances may BTK Consulting be held liable for :

Article 10 - Access to the application via Internet connection

The editor may not be held liable for technical unavailability of the connection, whether due to force majeure, maintenance, updating, modification, intervention by the host, internal or external strike, network failure, power cut, or incorrect configuration or use of the user's peripheral.

Article 11 - Account closure

Each member is free to close his/her account on the application. To do so, the member must send an e-mail to the editor indicating that he/she wishes to delete his/her account. No data recovery will be possible.

Article 12 - Applicable law and mediation

These terms and conditions are governed by French law. They may be modified at any time by the publisher or its agent. The general terms and conditions applicable to the user are those in force on the day of his/her purchase or connection to the application. The publisher undertakes, of course, to keep all its previous general terms and conditions and to send them to any user who requests them.

Except in the case of public policy provisions, all disputes arising in connection with the execution of the present general terms and conditions may, prior to any legal action, be submitted to the editor for amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise provided by public policy, any legal action relating to the performance of the present contract shall be subject to the jurisdiction of the courts of the jurisdiction of the Court of Appeal seized of the matter.

Consumer mediation

In accordance with article L.612-1 of the French Consumer Code, we remind you that "all consumers have the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between them and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system".

To this end, BTK Consulting offers its consumer customers the services of a consumer mediator, whose contact details are as follows:

Please note that mediation is not compulsory, but is offered solely as a means of resolving disputes without recourse to the courts.

Article 13 - Use of cookies and files stored on peripheral devices

The word "Cookie" is used here in the broadest sense, and includes any file deposited on the user's peripheral in order to identify him or her, or to save information permanently on the peripheral. A "Cookie" enables the user to be identified, to personalize his consultation and to accelerate the display of the application thanks to the recording of a data file on his peripheral.

The application is likely to use "Cookies" mainly to

  1. enable the application to memorize the user's actions and settings within the application, to
  2. obtain browsing statistics in order to improve the User's experience, and
  3. to enable access to a member's account and to content that cannot be accessed without logging in
.

The User acknowledges that he/she is aware of this practice and authorizes the publisher to use it. The User may refuse the recording of "Cookies" by changing the settings of his/her peripheral or of the application, but the publisher cannot then guarantee that the application will function as expected, and will not take any responsibility in the event of the application not functioning.

Article 14 - Payment information

The user may place an order on the present application and make payment using the credit card details provided to the Store. Payments are made using secure transactions provided by the Store. The application has no access to any data relating to the user's means of payment. Payment is made directly to the Store receiving the customer's payment.

Article 15 - Availability and waiver of right of withdrawal

The publisher undertakes to make the products available immediately upon purchase. Each customer has the right to terminate the use of the Products at any time via their account settings. Such termination will be confirmed to the user. In addition, BTK Consulting reserves the right to terminate the membership of any customer for important reasons, such as in the event of serious breaches of the obligations of the user concerned as set out in these terms and conditions.

The customer may withdraw from the contract with BTK Consulting in writing, by e-mail to the following address: contact@monstera-app.com or by post to the following address: 10 Rue Louise de Bettignies - 62590 Oignies - France, in which case the publisher undertakes to reply within 7 days. The customer may exercise his right of withdrawal, in accordance with article L.221-28 of the French Consumer Code, within 14 days of the date of conclusion of the contract, without having to give any reason whatsoever.

If the product subscribed to by the customer is subject to tacit renewal, the publisher undertakes to notify the user of the renewal of the contract within the time limits stipulated in Article L 136-1 of the French Consumer Code.

Article 16 - Warranty for products purchased through the application

All products purchased on the application benefit from the following legal warranties, as provided for in the French Civil Code: Warranty of conformity: In accordance with Articles L.217-4 et seq. of the French Consumer Code, the seller is obliged to deliver a product that conforms to the contract, and to respond to any defects in conformity that exist during delivery of the conforming product. The guarantee of conformity may be exercised if a defect exists on the day of taking possession of the product. Latent defect warranty: In accordance with articles 1641 to 1649 of the French Civil Code, the customer may invoke the latent defect warranty if the defects presented were not apparent at the time of purchase and are sufficiently serious (the defect must either render the product unfit for the use for which it was intended, or diminish this use to such an extent that the buyer would not have purchased the product or would not have purchased it at such a price had he known of the defect). In the event of non-conformity of a product sold, it may be reimbursed by the seller. All claims or requests for reimbursement must be made by post to the following address: 10 Rue Louise de Bettignies - 62590 Oignies - France or by e-mail to contact@monstera-app.com.

Article 17 - Archiving

BTK Consulting will archive order forms and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 18 - Terms and conditions

If any provision of the Terms and Conditions is deemed unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. These Terms describe the entire agreement between the User and the Publisher. They supersede all prior or contemporaneous written or oral agreements. The Terms and Conditions are not assignable, transferable or sublicensable by the User. A printed version of the Terms and Conditions and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms and Conditions. The parties agree that all correspondence relating to these terms and conditions shall be in the French language.

Article 19 - Notices

Any notification or notice concerning these general terms and conditions, the legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by Post or any other nationally recognized courier service that allows regular tracking of packages, or by e-mail to the addresses indicated in the application's legal notices, specifying your full name, contact details and the subject of the notice.

Article 20 - Complaints

Any claim relating to the use of the application, the pages of the application on any social networks or the general conditions, legal notices or personal data charter must be filed within 365 days of the day on which the problem giving rise to the claim arose, and this regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will forever be inapplicable in court.

Article 21 - Inaccuracies

It is possible that, to a limited extent, inaccuracies or errors may be found in the entire application and in the products offered, or that information may be at variance with the general terms and conditions, the legal notices or the personal data charter. It is also possible that unauthorized modifications may be made by third parties to the application or to related services (social networks, etc.). We do our utmost to ensure that such deviations are corrected. In the event that such a situation should escape us, please contact us by post or e-mail at the addresses given in the application's legal notice, providing, if possible, a description of the error and its location (URL), as well as sufficient information to enable us to contact you. For requests concerning copyright, please refer to the section on intellectual property.

Article 22 - Geolocation

In accordance with article L. 34-1-V of the French Post and Electronic Communications Code, as the application collects location data, it must allow the user to give his/her express consent at the time of installation and to modify this choice at a later date.

Use of the application's geolocation functionality requires the user's prior express consent to be geolocated. To do so, the user must activate the geolocation function directly in the settings of his/her mobile terminal, if he/she so wishes, and accept that the application may make use of it. This function can be deactivated or activated at any time, free of charge.

By accepting the GPS geolocation function of the device and the application, the following services are offered to the user:

The device calculates its own position.

Deactivation of geolocation by the application and/or of geolocation by the device blocks the application's related services and the display of geotargeted advertising.

All rights reserved - April 6, 2021

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