These General Terms and Conditions of Sale are current as of 31 January 2022
1. INTRODUCTION
1.1. The present General Terms and Conditions of Sale (hereinafter ”GTC”) are proposed by the company OXYGENSERV (hereinafter ”The Company”), SAS with a capital of 3000 euros, registered in the Paris Trade and Companies Register under the number Paris B 892 864 687, whose registered office is located at 10 Rue de Penthièvre 75008 Paris, France. Its telephone number is: +33 7 56 84 81 20, its e-mail address is: [email protected] and its individual VAT identification number is: FR86892864687.
1.2. The Company is the owner and publisher of the website https://www.oxygenserv.com/ (hereinafter referred to as “the Site”). The Site is hosted by the company Scaleway whose registered office is located at 8 rue de la Ville l’Evêque, 75008 Paris and whose telephone number is the following: +33 (0)1 84 13 00 00.
1.3. Oxygenserv aims to provide more sustainable solutions in the game server hosting industry.
1.4. To this end, OXYGENSERV provides hosting services (hereinafter the “Services”) to Customers (hereinafter the “Customer”).
1.5. Before using the Site, the Customer must ensure that he/she has the technical and computer resources to use the Site and to order the Services on the Site, and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any viruses.
2. APPLICATION AND ENFORCEABILITY OF THE GCVS
2.1. The purpose of these GTC is to define all the conditions under which the Company markets the Services as offered for sale on the Site to Clients. They therefore apply to any Order (”Order”) for Services placed on the Site by the Client.
2.2. The Customer declares that he/she has read and accepted these GTC before placing his/her Order.
2.3. Validation of the Order therefore constitutes acceptance of these GTC. These terms and conditions are regularly updated. The applicable terms and conditions are those in force on the Site on the date the Order is placed.
3. CREATION OF A PERSONAL ACCOUNT
3.1. In order to access the Services on the Site and to place an Order, the Customer must register on the Site by creating a personal account. To do so, the Customer shall fill in the following mandatory fields: title, surname, first name, postal address, mobile phone number, IP address, e-mail address, user name and password.
3.2. The Customer undertakes to provide the Site with valid, sincere, complete and up-to-date information.
3.3. The Customer also undertakes not to infringe the rights of third parties and in particular their personal data and image.
3.4. If the Customer is under the age of eighteen, he or she undertakes to obtain the express consent of his or her parents or legal guardian in order to be able to communicate his or her personal data, create a personal account and use the services.
3.5. User IDs and passwords are strictly personal. The Client must inform the Company of any loss of this information without delay and the Company will provide the Client with a link to change the password. The Company declines all responsibility in the event of loss or misuse of this information.
4. ORDERING SERVICES ON THE SITE
4.1. The Services offered on the Site are described and presented as accurately as possible.
4.2. The Customer selects the Services he/she wishes to purchase, and can access the summary of his/her Order at any time.
4.3. The Order summary lists the Services selected by the Customer and includes any additional charges that may be added to the price of the Service(s) in the Order. The Customer may modify his/her Order and correct any errors before accepting it.
4.4. After accessing the Order summary, the Customer confirms acceptance of his/her Order by ticking the box indicating acceptance of the GTC and then clicking on the Order validation icon. The words ”Order with payment obligation” or a similar unambiguous wording shall appear next to the Order validation icon to ensure that the Customer explicitly acknowledges his/her obligation to pay for the Order.
4.5. Once the GTC have been accepted and the Order validated, the Contract is validly concluded between the Company and the Client and is irrevocably binding on both parties.
4.6. Once the Order has been validated and in order to proceed with payment, the Customer shall enter the contact details by which he/she wishes to be invoiced for the Order. The process of receiving the Service(s) and invoicing is described in article 5 of these GTC.
4.7. The Company shall then send the Customer an Order confirmation by e-mail, containing the details of the Order summary and the billing addresses provided.
4.8. After validating the Customer’s billing information, the Customer shall proceed to pay for the Order in accordance with the terms and conditions set out below.
5. PRICES AND PAYMENT CONDITIONS OF THE ORDER
5.1. The prices are mentioned on the Site in the descriptions of the Services, in euros and exclusive of tax and all taxes.
5.2. The total amount is indicated in the Order summary, before the Customer accepts these GTC, validates his/her Order, enters and validates his/her billing details and proceeds to payment. This total amount is indicated including all taxes. 5.3. For the payment of the Services Order, the Site uses the security systems of Paypal and Stripe, service providers specialising in the security of online payments. These systems guarantee the Customer the total confidentiality of his/her banking information. The transaction carried out between the Customer and the secure system is therefore entirely encrypted and protected. The Client’s bank details are not stored electronically by the Company.
5.4. The Client guarantees the Company that he/she has the necessary authorisations to use the payment method when placing the Order.
5.5. The customer can also use a wallet. The user has the option of crediting it with a Paysafecard or Allopass code in exchange for Oxycoins.
5.6. The Company reserves the right to suspend or cancel the execution of any Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum owed by the Client to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Website and the payment of an Order.
6. CUSTOMER SERVICE
6.1. For any request for information, clarification or complaint, the Client must contact, as a matter of priority, the Company’s customer service department (the “Customer Service Department”), in order to allow the latter to attempt to find a solution to the problem.
6.2. The Company’s Customer Service can be reached by email at: [email protected]
7. OBLIGATIONS OF THE CLIENT
7.1. The Customer undertakes to comply with the terms of these GTC.
7.2. The Client undertakes to use the Site and the Services in accordance with the Company’s instructions.
7.3. The Customer agrees that he/she will only use the Site for his/her own personal use in accordance with these GTC. In this respect, the Customer agrees to refrain from :
7.4. If, for any reason, the Company considers that the Client is in breach of these GTC, the Company may take any action, including civil and criminal legal action, against the Client.
8. DURATION OF THE CONTRACT
8.1. The Services are subscribed to for a period of one (1) month from the time they are ordered on the Site, tacitly renewable from month to month. The Client may terminate the subscription at any time by informing the Company on its customer area or by email. Any month in progress remains due to the Company.
9. DATA HOSTING
9.1. The Customer undertakes to comply with the applicable legislation and regulations, particularly with regard to content. The Client undertakes not to host content that infringes copyright, intellectual or industrial property rights, or that is contrary to public morality or order. In this respect, the Client guarantees the Company against any claim or liability action by third parties relating to the content hosted. The Client undertakes to bear all costs resulting directly or indirectly from such actions.
9.2. Ownership of hosted data: the Client and the Company agree that the data used, processed, hosted, saved or stored by the Company on behalf of the Client (the “Content”) are and remain the property of the Client. In this respect, the Client grants the Company a non-exclusive, worldwide, free and non-transferable licence to use, host, cache, copy, display and modify the said Content for the purposes of performing the Services, in association with or in connection with them. The said licence will end upon termination of the contractual relationship.
10. PROTECTION OF PERSONAL DATA
10.1. In the context of the performance of the Contract, the Company collects and processes the personal data of the Clients. the Company complies with the provisions of the General Data Protection Regulation (GDPR No. 2016/679 of 27 April 2016, applicable on 25 May 2018). The Privacy Policy relating to the processing of Clients’ personal data is available on the Website.
11. RIGHT OF WITHDRAWAL
11.1. In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Client has a period of 14 (fourteen) days from the date of validation of his/her Order on the Site to exercise his/her right of withdrawal from the Company, without having to justify his/her reasons or pay any penalty.
11.2. In order to exercise their right to withdraw from the Order, the Client must notify their decision to withdraw by means of an unambiguous statement, without giving any reasons. The Client may communicate his/her decision to withdraw to the Company by any means, in particular by sending it by post to the Company at its postal address or by email to [email protected]
11.3. The Customer may also use the withdrawal form provided in these GTC.
11.4. In the event that the Client notifies the Company of his/her decision to withdraw, whatever the means used, the Company will send him/her without delay an acknowledgement of receipt of the withdrawal on a durable medium (in particular by e-mail). 11.5. The Client is invited to indicate the reason for withdrawal, in order to help the Company improve its Service(s).
11.6. In the event that the Client withdraws, the Company will refund the Service(s) that was (were) the subject of the right of withdrawal by the same means of payment as that used for the initial transaction, unless the Client expressly agrees to a different means. In any event, this refund will not incur any costs for the Client. The refund shall be made as soon as possible, and no later than 14 days from the date on which the Company is informed of the Client’s decision to withdraw from the Order.
11.7. Exclusion of the right of withdrawal :
11.8. In accordance with Article L.221-18-13° of the French Consumer Code, if the Client wishes the performance of the Services to begin before the end of the fourteen (14) day withdrawal period as mentioned in Article L. 221-18 of the French Consumer Code, the Company shall obtain the Client’s prior express agreement and express waiver to exercise its right of withdrawal.
11.9. The Client who has exercised his right of withdrawal while access to the Services has begun, at his express request, before the end of the withdrawal period, shall pay the Company an amount corresponding to the Services provided until the communication of his decision to withdraw; this amount is proportionate to the total price of the agreed Services.
12. RESPONSIBILITY
12.1. The Company shall take all appropriate measures to ensure that the Client is provided with quality Services under optimum conditions. However, the Company may not be held liable for any non-performance or poor performance of all or part of the Services, which may be attributable either to the Client, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure. More generally, if the Company’s liability were to be incurred, it could not under any circumstances agree to compensate the Client for indirect damage or damage whose existence and/or quantum would not be established by evidence.
12.2. The Site may contain links to other sites not edited or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
12.3. The establishment of such links or reference to any information, articles or services provided by a third party cannot and shall not be construed as an express or tacit endorsement by the Company of such sites and materials or their contents.
12.4. The Company is not responsible for the availability of such websites and cannot control the content of such websites nor validate the advertising, service(s) and other information provided on such websites.
12.5. It is expressly stipulated that the Company shall not be held liable in any way whatsoever if the Client’s computer equipment or electronic mailbox rejects, for example as a result of anti-spam software, the electronic mail sent by the Company, including but not limited to the copy of the payment receipt, the Order summary or the shipment tracking e-mail.
13. SECURITY
13.1. The Client undertakes not to undermine the security of the Site. To this end, it undertakes not to carry out any fraudulent access and/or maintenance in the Company’s information system. The Client may not damage or hinder the Company’s information system. Should the Client fail to do so, the Company may take any measure against it and, in particular, incur criminal liability under Articles 323-1 et seq. of the French Penal Code.
14. INTELLECTUAL PROPERTY
14.1. All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.
14.2. The name and trademark “OXYGENSERV”, the logos, designs, stylised letters, figurative marks and all the signs represented on this Site are and shall remain the exclusive property of the Company.
14.3. No title or right in any material or software shall be obtained by downloading or copying material from this Site. The Customer may not reproduce (other than for its own personal, non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to, modify or otherwise work with this Site and the materials and software contained therein, nor sell or participate in any sale in connection with this Site, the materials on this Site or any software related thereto.
14.4. The Company grants the Client a non-exclusive licence to use the Site. This licence is strictly personal and may not under any circumstances be assigned or transferred to any third party whatsoever. The licence is granted for the duration of the use of the Site.
14.5. Any use by the Client of the corporate names, trademarks and distinctive signs belonging to the Company is strictly prohibited unless the Company has given its express prior consent.
15. NEWSLETTER
15.1. By ticking the box provided for this purpose or by expressly agreeing to this, the Client accepts that the Company may send him a newsletter which may contain information relating to its activity.
15.2. When the Client ticks the box provided for this purpose in the registration process on the Site to place the Order, he/she agrees to receive commercial offers from the Company for Services similar to those ordered.
15.3. Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose in each newsletter.
16. APPLICABLE LAW AND JURISDICTION
16.1. These GTC shall be governed by and construed in accordance with French law, without regard to the principles of conflict of laws.
16.2. In the event of a dispute arising from the interpretation and/or performance of these GTCs or in relation to these GTCs, the Client may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.
16.3. The Customer is informed that :
16.4. The Client may refer the matter to the mediator within a maximum period of one year following his written complaint to the Company.
16.5. Finally, if this mediation procedure fails or if the Customer wishes to bring a case before a court, the rules of the Code of Civil Procedure will apply.
