General Conditions of Sale
This is an automatic translation made by Deepl. The French version of the General Terms and Conditions of Sale remains the reference in case of dispute.
General Conditions of Sale
Between Laurent Chaillet, auto-entrepreneur
5 rue de la poste, 25330 Chantrans
registered in the Trade and Companies Register of Besançon,
under the number SIRET 45281857800067,
duly authorized for the purposes of the present.
The company can be reached by email by clicking on the contact form accessible via the homepage of the site.
Hereinafter the “Seller” or the “Company”.
On the one hand,
And the individual or legal entity purchasing products or services from the Company,
Hereinafter, “the Buyer”, or “the Customer”.
On the other hand,
The Seller is the publisher of an online application, namely access to a tool to optimize betting on sports betting, marketed through its website (https://mix2bet.com) in the form of a subscription. The list and description of the goods and services offered by the Company can be consulted on the aforementioned website and its sales pages.
Any use and/or recourse to the Services offered by Mix2bet to the Users imply the pure and simple acceptance, without reserve, of the present General Terms and Conditions of Sale, which the User of the aforementioned Website and Application expressly declares and acknowledges.
ARTICLE 1 – PURPOSE
The present General Terms and Conditions of Sale determine the rights and obligations of the parties with regard to the online sale of Products and Services offered by the Vendor.
ARTICLE 2 – GENERAL PROVISIONS
The present General Terms and Conditions of Sale (GTCS) apply to all sales of Products or Services made through the Company’s website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify the present terms and conditions at any time by publishing a new version on its website. The applicable GTC shall be those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC are available on the Company’s website at the following address: https://mix2bet.com/CGV . The Company also ensures that their acceptance is clear and without reservation at the time of purchase. The Client declares that he has read all of these General Terms and Conditions of Sale, and, if applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer meets his/her needs. The Customer declares that he/she is legally able to contract under French law or that he/she can validly represent the individual or legal entity for which he/she is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 – PRICES
The prices of the products sold through the websites are indicated in Euros excluding taxes and are precisely determined on the pages describing the Products. They are also indicated in Euros including all taxes (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not under the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer’s responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary for access to the Company’s websites shall be borne by the Customer. Where applicable, delivery costs are also charged.
ARTICLE 4 – CONCLUSION OF THE ONLINE CONTRACT
The Customer must follow a series of steps specific to each Product or Service offered for sale by the Seller in order to complete the order. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Choice of the Product, if necessary of its options and indication of the essential data of the Customer (identification, address…); – Acceptance of the present General Sales Conditions. – Verification of the elements of the order and, if necessary, correction of errors. – Follow-up of the payment instructions and payment of the products. – Delivery of the products. The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. For delivered products, this delivery will be made to the address indicated by the Customer. In order to complete the order correctly, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 – PRODUCTS AND SERVICES
The essential characteristics of the goods and services and their respective prices are made available to the buyer on the company’s websites. The Customer certifies that he has received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer’s order within the limits of available stocks only. In the absence of such availability, the Seller shall inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are summarized and confirmed during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of validity of the offer of the Products as well as their prices is specified on the sales pages of the products, as well as the minimum duration of the proposed contracts when these relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person who signs the order (or the person who holds the email address communicated). In accordance with the legal provisions concerning conformity and hidden defects, the Seller shall refund or exchange the defective products or those that do not correspond to the order. The refund can be requested by contacting the Seller by email or simple letter.
In these T&Cs, it is agreed that the following expressions or words, whether used in the singular or plural, shall have the following meaning:
Subscription: financial consideration for the subscription to the Services by the User; it may be monthly or annual.
Application or Mobile Application : all the elements structuring the platform that allows the User to subscribe to the Services offered by Mix2bet.
Customer : User who has subscribed to the Services offered by Mix2bet on the Application or the Website.
User ID : set of information relating to each User composed of a login (of his choice or email address) and a secure password chosen by the latter in order to access his own User Account.
Customer Account or Account : module of the Website dedicated to the Users and to all the information specific to their status and their use of the Services provided by Mix2bet.
Services : services offered by Mix2bet on the Website, which consists of the proposal of access to content in exchange for a subscription of the User, monthly or annual or a pack.
Website : all the elements structuring the platform on the Internet, accessible at the address www.mix2bet.com which allows the User to subscribe to the Services offered by Mix2bet.
User : any natural or legal person who navigates on the Website.
ARTICLE 6 – RETENTION OF TITLE CLAUSE
The products remain the property of the Company until full payment of the price.
ARTICLE 7 – MEMBERSHIP AND REGISTRATION
Simply browsing the Site is free and does not require the creation of a Customer Account. However, in order to access certain services, including subscription, each Customer must create an account and provide an online identifier (e-mail address or other identifier of his choice) and choose a password. The Customer is informed of the need to provide a valid email address in order to receive an email confirming the creation of the said account. All of the above constitute his “Identifier Codes”.
Each Customer acknowledges that he/she is fully responsible for the use of his/her Login Codes on the Site or on the Application. The Customer undertakes not to choose any identifier that infringes on the rights of a third party and consequently undertakes not to use an identifier that infringes on an intellectual property right, a registered trademark, a company name or a patronymic name, without this list being exhaustive. The user undertakes to carry out all acts within the space reserved for him/her under his/her own Identifier Codes and all acts carried out under these identifiers will be considered to have been carried out by him/her. In case of forgetfulness, misuse or unauthorized use of his Login Codes by another Client, Mix2bet cannot be held responsible and the Client must immediately inform Mix2bet of this situation, by email at: contact@Mix2bet.com. Upon receipt of this written notification duly justified, Mix2bet will proceed to study the case and may, as a security measure, suspend all access to the Client Account. Mix2bet will process the Customer’s request as soon as possible and will send him by e-mail the new Identifier Codes after verification of his identity. The Customer remains responsible for the use of his Customer Account by third parties until the modification by the Company of the Login Codes, thus the Customer guarantees Mix2bet from any action or claim concerning the loss of data resulting from the loss or fraudulent use of his Login Codes. The Customer accepts that the computer or electronic records made by Mix2bet and/or its suppliers for the delivery of the Services, of all operations carried out in particular through its Customer Account, may be opposed or used before any administrative and/or judicial authority competent as evidence.
In accordance with Article 10 of the GTC, the Customer has the right to access, modify, rectify and delete data concerning him/her, being informed that the Site and the Application have been declared to the CNIL under receipt number 1833680, in accordance with the French law “Informatiques et libertés” n° 78-17 of January 6, 1978.
Before validating the creation of his Client Account, the User must tick the box “I accept without reservation the Mix2bet Terms and Conditions of Sale”. This step is decisive and the User cannot check this box without having previously read and accepted all the clauses of these GTC.
The User is informed that the Company may modify and/or update the terms of the T&Cs according to certain economic or legal requirements; Customers using the Services will be informed and will have a period of 8 (eight) days to notify by simple letter or by email their refusal of the proposed modifications and consequently request the deletion of their Customer Account. Otherwise, the proposed changes will be considered as tacitly accepted by the Clients and the present contract will continue until its end. The Company reserves the right to modify, at any time, the characteristics of the Services, without said modifications resulting in substantial changes. The Company will then notify the Clients of this modification 15 (fifteen) days before it comes into force. A copy of the GTC will be sent in PDF format, by e-mail, to the Client, in their current version up to date with the latest modifications.
ARTICLE 8 – SUBSCRIPTION
In order to use the tools and benefit from the Service, the Customer must subscribe to one of the Subscriptions offered on the Site or order a User Pack. The subscription to a Subscription will allow him to use the tool with all its options, without any limit in the duration of the subscription. Subscribing to a User Pack will allow him to use the tool with all its options, but limited to a number of executions indicated in the description of the pack (25 executions for the Pack 25 and 100 executions for the Pack 100).
Subscription rates are specified on the Website or the Application under the heading “Subscription”. Users are informed that Subscription prices are likely to change over time. The Company therefore does not undertake under any circumstances to ensure that these prices do not change. The Client has the possibility, at any time during the subscription process, i.e. until its effective payment under the conditions provided below, to go back to this subscription in order to complete, modify or even cancel it. After clicking on the “I subscribe” or “I buy” button, the Customer will be invited by a new Internet page to communicate his bank details by filling in the form accurately.
ARTICLE 9 – PAYMENT METHOD
The payment of the monthly subscription is done on the Internet and must be concomitant to it, according to the instructions given to this effect during the validation process. The payment will be made in euro by credit card (Visa, Mastercard, American Express). Mix2bet uses the secure payment tool Stripe provided by the company Stripe Inc. and guarantees the Customer that it never has access to confidential information relating to the payment method used by the latter to pay for his subscription. In order to proceed with the payment due, the Customer will be asked to provide the credit card number, the expiration date of the card and, if applicable, the visual cryptogram. The Customer will only provide their bank details once to subscribe to the Service and make the monthly subscription payments. To this end, the Customer guarantees Mix2bet that he has the necessary authorizations to use the method of payment chosen at the time of validation of the subscription to the Service. In case of refusal of the bank, the payment will be automatically cancelled and the Customer will be informed by sending an email. In order to optimize the security and authentication of the electronic payment made by the Customer, the Customer is invited to follow the authentication procedure set up for this purpose. If not, the payment will be cancelled and the Customer will not be able to benefit from the Service. Once the payment of the subscription has been executed, a printable and recordable summary of the Customer’s subscription will be displayed, mentioning in particular his references.
ARTICLE 10 – NO RIGHT OF WITHDRAWAL
The Customer is informed that, in accordance with article L.221-28 paragraph 13 of the Consumer Code and insofar as the contractual relationship falls within the framework of the supply and downloading of a dematerialized service, no right of withdrawal is granted if the first use of the said Service by the User was made before the expiry of the period of 14 (fourteen) days following the subscription.
ARTICLE 11 – GUARANTEES
Mix2bet guarantees that the calculation tools are in conformity with the use that is expected of them and do not have any defects or hidden faults that make them dangerous or unsuitable for their normal use. In the event of a tool that does not conform to the information given at the time of presentation on the Site, and in accordance with Article L.217-5 of the French Consumer Code, or if this tool has hidden defects as referred to in Article 1641 of the French Civil Code, it will be reimbursed to the Client within a maximum of thirty (30) working days. The following provisions apply to the Customer’s guarantee by Mix2bet.
ARTICLE 12 – CLAIMS
If necessary, the Buyer can make any claim by contacting the company by email or by simple letter.
ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 14 – FORCE MAJEURE
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent the performance thereof. The seller shall notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 – INVALIDITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of the present contract were to be nullified, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
ARTICLE 16 – RGPD AND PERSONAL DATA PROTECTION
In accordance with the European regulation on the protection of personal data, you have the right to question, access, modify, oppose and rectify your personal data. By adhering to these general conditions of sale, you agree that we collect and use this data for the execution of the present contract.
ARTICLE 17 – APPLICABLE LAW
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to herein, shall be subject to French law.
ARTICLE 18 – TECHNICAL PROVISIONS
Mix2bet’s services are provided on an “as is” and “as available” basis. Mix2bet does not guarantee an error-free, uninterrupted and secure supply of the services offered via the Website and/or the Application and is not bound by any obligation to provide personalised assistance, in particular technical assistance.
Mix2bet shall not be liable for any inconvenience or damage inherent in the use of the Internet, including but not limited to a break in service, external intrusion or the presence of computer viruses. Mix2bet is not responsible in case of failure to meet its obligations as defined herein resulting from a case of force majeure. Without prejudice to the provisions of the preceding paragraphs, Mix2bet’s liability under these terms and conditions shall not exceed an amount equal to the sums paid or payable in respect of the transaction giving rise to such liability, regardless of the cause or form of action involved.
Mix2bet will not be held responsible in any way for any misuse of the service.
We do not accept any responsibility for the quality or operation of the program, nor do we offer a guarantee for any aspect of its use.
Mix2bet is in no way responsible for the use made of this information and for any direct or indirect damage that may result from it.
The user must therefore ensure the accuracy of the information with Mix2bet.
Always check the odds and betting combinations before betting!
We decline all responsibility in case of loss, you use Mix2bet, which is just a tool to help you reduce your bets, at your own risk!
19. UPDATING OF THE GENERAL CONDITIONS OF SALE
These Terms and Conditions may be amended at any time at the initiative of Mix2bet. Any changes to these Terms and Conditions and the documents referred to in them will be communicated to the Customer at the time of his first use of the site after such change.
20. COMPLETENESS OF THE CONTRACT
The present General Terms and Conditions of Sale and the summary of the monthly subscription to the Service sent to the Customer form a contractual whole and constitute the entirety of the contractual relations between the Parties. In general, it is expressly agreed between Mix2bet and the Customer that emails will be considered as proof between them as well as the automatic recording systems used on the Website and the Application, in particular as to the nature and date of the subscription. The Customer may access, if necessary in accordance with the rules of common law, the electronic contract concluded between the Customer and Mix2bet. To do so, he should contact the Customer Service by e-mail (contact@Mix2bet.com) to whom he should provide all the information necessary to do so, in particular the subscription number and his contact details.
21. NON-WAIVER OF THE GENERAL TERMS AND CONDITIONS OF SALE
The fact that one of the parties to these General Terms and Conditions of Sale has not required the application of any clause, whether permanently or temporarily, shall in no case be considered as a waiver of the rights of that party arising from the said clause.
If one or more provisions of these Terms and Conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other provisions of these Terms and Conditions shall remain in full force and effect. Where applicable Mix2bet will immediately remove and replace such clause with a legally valid clause.
In case of difficulty of interpretation between the title of any of the articles and any of the clauses, the titles will be deemed not to be written.
24. APPLICABLE LAW – DISPUTES
The law applicable to these general conditions of sale is French law. Subject to the contrary provisions of the Code of Civil Procedure, any dispute which may arise in connection with their validity, interpretation or execution and which has not been settled amicably by the parties hereto, shall be submitted to the courts of the jurisdiction of Paris, notwithstanding plurality of parties in summary proceedings or expertise.