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General Terms

Terms and Conditions of Sale

Terms applicable to the "Featured" services marketed on loisirs74.fr to professionals.

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⚠️ Document to be completed — Phase 1 draft. This page contains fields to be replaced (marked [TO_FILL]) which must be completed before any effective commercialisation. These Terms and Conditions have not yet been reviewed by legal counsel. A review by a lawyer is strongly recommended before the first invoicing.

Table of contents

  1. Purpose
  2. Identification of the Provider
  3. Description of services
  4. Rates and invoicing
  5. Payment terms
  6. Duration and renewal
  7. Obligations of the Provider
  8. Obligations of the Partner
  9. Termination
  10. Right of withdrawal
  11. Liability
  12. Intellectual property
  13. Personal data
  14. Force majeure
  15. Disputes and applicable law

Article 1 Purpose

These General Terms and Conditions of Sale ("Terms") govern all commercial services offered on the website loisirs74.fr ("the Site") by [LEGAL_ENTITY_NAME] ("the Provider") for the benefit of professionals ("the Partner").

Any order implies full acceptance of these Terms by the Partner. The Terms in force are those published on the Site on the date of the order.

Free Partner listings: These Terms do not apply to free "Partner" listings granted to establishments physically located at a listed spot (e.g. a restaurant located directly at a leisure area). These listings are governed by a separate partnership agreement, without financial consideration.

Article 2 Identification of the Provider

Name: [LEGAL_ENTITY_NAME]

Legal status: [STATUS — sole trader / SARL / SAS / etc.]

Registered office: [HEAD_OFFICE_ADDRESS]

SIRET: [SIRET_NUMBER]

Intra-community VAT: [VAT_NUMBER or "Not applicable, Article 293 B of the CGI" if VAT-exempt]

Legal representative: [DIRECTOR_NAME]

Contact email: contact@loisirs74.fr

Article 3 Description of services

3.1 — "Featured" service

The "Featured" service consists of displaying a commercial listing dedicated to the Partner on one or more spot pages of the Site. This listing includes:

3.2 — Pages concerned

The display is shown on the spot page(s) chosen by the Partner at the time of the order. The pages available depend on the Partner's geographical location and editorial relevance, as assessed by the Provider.

The Provider reserves the right to refuse the commercialisation of a Partner listing if it is not relevant to the spot concerned, or if the establishment does not respect the editorial values of the Site.

3.3 — Language versions

The Partner listing is displayed identically on all language versions of the Site (French, English, German, Spanish, Italian). No translation of the Partner content is provided by the Provider.

Article 4 Rates and invoicing

4.1 — Unit rate

The rate for a "Featured" service is set at [AMOUNT] € per month, per spot page, for a minimum duration of [MIN_DURATION — e.g. 3 months].

Degressive rates apply for multi-month commitments and multi-page orders, according to the price list in force on the date of the order.

4.2 — VAT mention

[Depending on your regime: if VAT-exempt sole trader: "VAT not applicable, Article 293 B of the CGI". If you are liable: specify the applicable VAT rate]

4.3 — Invoicing

An invoice is issued by the Provider at the start of the service, then according to the agreed frequency (monthly or in arrears). The invoice is sent electronically to the email address provided by the Partner at the time of the order.

Article 5 Payment terms

Payment is made by bank transfer to the Provider's account, the details of which appear on the invoice, or by any other means of payment accepted by the Provider (to be specified at the time of the order).

The standard payment period is [PERIOD — e.g. 30 days] from the date of issue of the invoice.

In the event of late payment, late penalties apply, calculated on the basis of the legal interest rate increased by 10 points, as well as a flat-rate recovery indemnity of €40 (Article L.441-10 of the French Commercial Code).

Any payment not made within 15 days of the first reminder shall result in the suspension of the display of the Partner listing, without prejudice to the recovery of the sums due.

Article 6 Duration and renewal

The service is granted for the duration indicated in the order, from the date of effective online publication of the Partner listing ("Effective Date").

At the end of the term, the contract [TO BE CHOSEN: ends automatically / is tacitly renewed for an identical period, unless terminated by either party with [X] days' notice].

Article 7 Obligations of the Provider

The Provider undertakes to:

The Provider is under no obligation of results in terms of traffic generated, conversions or commercial outcomes for the Partner. The service is strictly an obligation of means (provision of an editorial advertising space).

Article 8 Obligations of the Partner

The Partner undertakes to:

Article 9 Termination

9.1 — Termination for breach

In the event of a serious breach by either party of its obligations, the other party may terminate the contract as of right, after formal notice that has remained unsuccessful for 15 days.

9.2 — Immediate termination by the Provider

The Provider may terminate the service without notice or compensation in the event of:

In this case, the sums paid remain acquired by the Provider, without prejudice to damages.

Article 10 Right of withdrawal

In accordance with Articles L.221-3 et seq. of the French Consumer Code, the 14-day right of withdrawal does not apply to contracts concluded between professionals ("B2B").

However, by derogation and as a commercial gesture, the Provider grants the Partner a right of withdrawal of [7 or 14 days] calendar days from the date of signing the order, provided that the effective online publication of the Partner listing has not yet taken place. Beyond that, the order is firm and final.

Article 11 Liability

The Site is an independent guide for informational purposes. The Provider cannot be held responsible for:

In the event of a failure attributable to the Provider resulting in the interruption of the display of the Partner listing for more than 7 consecutive days, the Provider shall extend the subscribed duration free of charge by an amount equivalent to the duration of the interruption.

The Provider's liability is in any event limited to the amount of sums actually paid by the Partner for the service concerned.

Article 12 Intellectual property

The loisirs74.fr Site, its name, logo, graphic charter, editorial content and structure are the exclusive property of the Provider and are protected by French and international intellectual property law.

By transmitting elements (logo, photos, descriptions) to the Provider, the Partner grants the Provider a non-exclusive, free licence limited to the duration of the contract, to use, reproduce and disseminate these elements solely for the purpose of providing the service.

The Partner indemnifies the Provider against any third-party action based on infringement of an intellectual property right relating to the elements transmitted.

Article 13 Personal data

Personal data collected as part of the order (name, address, email, telephone of the Partner) are processed in accordance with the Site's privacy policy, accessible at loisirs74.fr/en/politique-confidentialite.

This data is necessary for the performance of the contract (Article 6.1.b GDPR) and is kept for the duration of the contract and 10 years after its end for accounting and legal obligations.

The Partner has the rights of access, rectification, erasure, portability and objection provided for by the GDPR. Any request can be sent to contact@loisirs74.fr.

Article 14 Force majeure

Neither party shall be held liable for failure to perform its obligations in the event of force majeure within the meaning of Article 1218 of the French Civil Code.

The following are notably considered cases of force majeure: natural disasters, pandemic, general strikes, prolonged failure of a web hosting provider beyond the Provider's control, restrictions imposed by public authorities.

Article 15 Disputes and applicable law

These Terms are governed by French law.

In the event of a dispute, the parties shall endeavour to find an amicable solution. Failing this, any dispute relating to the interpretation or performance of these Terms shall be submitted to the competent courts of [Annecy or registered office].

In accordance with Articles L.611-1 et seq. of the French Consumer Code, the Partner (if a consumer) has the possibility of free recourse to the following consumer mediator: [TO BE DEFINED — mediator to be designated].

Version 1.0 — Updated on [DATE]