Monstock
General conditions of use and sale
Last modified on 25/06/2023
Customer service contact details: contact@monstock.net
PREAMBLE
In 2016, MONSTOCK created a stock management solution via a simple and fast mobile stock management application enabling companies to enter the digital era, at a price consistent with their means.
The solution developed by MONSTOCK enables users to be permanently connected to their stocks. In practical terms, salespeople, warehouse staff and sales representatives can use their smartphones to offer a quality service to their own customers by accessing product data sheets, drawing up a quotation, tracking an order, checking stock levels, and so on.
The User is personally responsible for setting up the IT and telecommunications resources required to access the Platform.
1. PRESENTATION AND SCOPE OF APPLICATION
1.1 Presentation
The purpose of our general terms and conditions of sale (hereinafter "General Terms and Conditions of Use and Sale" or "CGUV") is to govern relations between MONSTOCK, a simplified joint stock company, registered with the R.C. S of Reims under number 834 950 156, having its registered office at 35 Rue René Cassin, 51430 BEZANNES (hereinafter "MONSTOCK"), and its professional customer (hereinafter the "Customer") so that the Customer's employees who have access to it (hereinafter the "Users") can use the stock management platform developed by MONSTOCK accessible at the address: https://monstock.net (hereinafter the "Platform").
These GCSV apply exclusively to Customers in the context of their professional activities.
MONSTOCK and the Customer are together referred to as the "Parties".
The use of MONSTOCK products and services requires acceptance without limitation of the conditions set out in the GCSUV.
1.2 Scope of application
When the Customer is asked to do so, the fact of not accepting the GCUV by not ticking the acceptance box is an expression of the Customer's refusal to use the products and services developed by MONSTOCK. In the absence of acceptance of the GCSU, the Customer will not be able to access all of MONSTOCK's products or services, whether for a trial or a purchase.
The GCUV are a legally binding contract between the Customer and MONSTOCK. It sets out the conditions governing the use of the Services by the Customer and Users. These TOS, together with all updates, additions, additional terms and all rules and policies of MONSTOCK constitute the "Agreement" between MONSTOCK and the Customer.
MONSTOCK reserves the right to modify the GTCUV at any time. The new GCUVs will then be applicable as soon as they are put online to all Customers and Users with the exception of the specific conditions of the GCUVs applicable to current paid Subscriptions which apply until the Subscription expires.
1.3 Modification of the GCUV and entry into force
MONSTOCK reserves the right to modify or amend the GCUV at any time, and will notify the Customer in advance by means of an e-mail sent to the contact address provided by the Customer when registering.
The new CGUV will be applicable to all Users as soon as they are put online.
For Customers who have taken out a paying subscription, if the CGUV are modified, the CGUV in force on the date of signature of the paying subscription contract will continue to apply until the subscription expires.
2. CHARACTERISTICS OF MONSTOCK GOODS AND SERVICES
MONSTOCK markets and sells to its Customers the equipment necessary to use the Platform and the Services under the best conditions (hereinafter the "Products").
MONSTOCK also offers Users a range of services to manage their stocks, improve productivity and customise products, services and subscriptions according to their needs.
The services offered on the Platform by MONSTOCK are made available to Users according to the type of services, products and/or subscriptions chosen by the Customer.
The subscriptions (hereinafter the "Subscriptions") are, in ascending order of available functionalities:
MONSTOCK ESSENTIAL: basic functions; user management; stock management; purchasing and sales, support services and training;
MONSTOCK PROFESSIONNAL: basic functions; user management; stock management; purchasing and sales, support services and training; connectivity and integration of a specific number of Users;
MONSTOCK ENTERPRISE: basic functions; user management; stock management; purchasing and sales, support services and training; connectivity and integration of a specified number of Users.
For details of the services offered in each of the Subscriptions, please consult the following page.
MONSTOCK also offers optional additional services (hereinafter the "Services"):
- Full-day distance learning, Half-day distance learning,
- On-site training,
- Starter pack,
- SCM and FSM digitalisation consultancy,
- Consulting Pack,
- Project management and support,
- Integration configuration,
- Configuration and customisation,
- Disk space,
- API,
- Map view,
- Customisation and made-to-measure.
For details of the Services offered, please consult the "Prices" page.
The Services, Products and Subscriptions offered by MONSTOCK on the Platform are accessible, in compliance with the General Terms and Conditions of Use available here (link to page), to all Users who have the legal capacity to use them.
3. CONDITIONS OF SALE
3.1 Sale of Products
3.1.1 PRODUCTS
The Products are presented on our website at https://www.shop.MONSTOCK.net/.
The sale prices of the Products are indicated in our catalogue and are expressed in euros, including VAT.
Delivery costs are indicated on the quotation sent to the Customer. These may vary depending on the size of the parcel and the destination address.
3.1.2 ORDERING PROCESS
In order to place an order (hereinafter referred to as the "Order"), the Customer must follow and complete the following steps:
1. Access the Site;
2. Follow the instructions available on the Site for opening a customer account or identifying themselves as a Customer;
3. Fill in the order form after selecting all the Products they wish to purchase, specifying the quantity required for each Product;
4. Check the details of the Order, identify and, if necessary, correct any errors;
5. Accept the GCUV, which constitutes confirmation of the Order;
6. Follow the online payment service provider's instructions to pay the Price.
The Customer will receive electronic confirmation of acceptance of payment of the Order at the address given when the customer account was opened.
Acceptance of the GCSV, the description of the products chosen, their quantities, prices and delivery terms constitutes confirmation of the Order.
The Customer is bound to MONSTOCK from the moment they confirm their Order.
The Order is considered finalised and is only prepared once MONSTOCK has received full payment from the Customer.
3.1.3 DELIVERY SERVICE AND DELIVERY TIMES
The Order is only prepared and delivery times only start to run once MONSTOCK has received full payment from the Customer.
MONSTOCK organises deliveries of Products using an independent transport service provider. Customers can benefit from the delivery service in mainland France and Corsica.
The Products ordered are delivered to the address indicated by the Customer at the time of the Order within a maximum of 4 weeks from receipt of full payment by the Customer.
Delivery shall be made by our transport service provider.
The Customer undertakes, upon receipt of the boxes and in the presence of the carrier, to check the condition of the packaging. As soon as possible, the Customer undertakes to check that the Products are intact and that there are no apparent defects.
In the event of transport damage to the box itself or to the Products, the Customer undertakes to note this on the carrier's delivery note.
In the event of damaged, non-conforming or defective products, the Customer undertakes to send any complaints within 48 hours of receipt of the goods, with supporting photos, by sending an email to support@monstock.net. If no complaint or reservation is made in this respect within this period, the products may no longer be taken back or exchanged.
Once delivery has been made, all risks relating to the Products are transferred to the Customer.
Unless otherwise specified, the costs and risks associated with the transport and delivery of the Products shall be borne exclusively by the Customer.
3.1.4 LIABILITY AND GUARANTEES
MONSTOCK may not be validly held liable for any alleged defects or hidden faults affecting the Products.
Under the same conditions, MONSTOCK's liability due to alleged defective Products may not be validly sought for any damage caused to the property of the Customer or Users.
MONSTOCK's guarantees apply to normal use of the Products, and do not apply to deterioration or destruction caused in particular by incorrect assembly, faulty use or overloading.
After delivery, MONSTOCK's guarantee does not apply to Products that have been stored or kept in conditions that are incapable of preserving them from any damage to their integrity or substance, such as bad weather in particular.
In the event of apparent non-conformity of the Products with the order form attributable to MONSTOCK, the Customer may request either the replacement of the Products or the cancellation of the invoice up to the price of the non-conforming Products, to the exclusion of any other form of compensation. In particular, MONSTOCK shall in no circumstances be obliged to compensate the Customer for any loss that may be linked to the delivery of non-conforming Products.
3.2 Sale of Services
3.2.1 SERVICES
The Services are presented on our website at the following addresses:
Customisation and made-to-measure
Advice, guidance, training and support
The sale prices of the Services are indicated on our website in euros, exclusive of tax.
3.2.2 ORDERING PROCESS
In order to place an order (hereinafter the "Service Order"), the Customer must request a quotation from MONSTOCK at the following address: contact@monstock.net
3.2.3 SERVICE DELIVERY AND INTERVENTION TIMES
MONSTOCK and the Customer determine together the conditions of intervention of MONSTOCK with the Customer within the framework of the establishment of the quotation.
3.3 Subscription
3.3.1 SUBSCRIPTIONS
Subscriptions are presented on our website at https://MONSTOCK.net/fr_fr/price.
The sale prices of Subscriptions are indicated on the website in euros, exclusive of tax.
3.3.2. SUBSCRIPTION PROCESS
In order to subscribe (hereinafter the "Subscription"), the Customer must follow and complete the following steps:
1. Access the Site;
2. Follow the instructions available on the Site for opening a customer account or identifying themselves as a Customer;
3. Complete the subscription form after selecting the Subscription to which you wish to subscribe, specifying the number of User accesses you require;
4. Check the Subscription details, identify and, if necessary, correct any errors;
5. Accept the CGUV, which confirms the Subscription;
6. Follow the instructions of the online payment service provider to pay the Price.
The Customer will receive electronic confirmation of acceptance of payment of the Subscription at the address given when the customer account was opened.
The express and unreserved acceptance of the CGUV for the Subscription chosen constitutes confirmation of the Order.
The Customer is committed to MONSTOCK from the moment they confirm their Subscription.
The Subscription is considered finalised and is not prepared until MONSTOCK has received full payment from the Customer.
For certain specific requests, the Customer must request a quotation from MONSTOCK at the following address: contact@monstock.net
3.3.3. AVAILABILITY OF THE SUBSCRIPTION AND WITHDRAWAL
The Platform is available to the Customer from the time of payment of the Subscription price and for the entire duration of the Subscription.
WITHDRAWAL PERIOD AND FREE ACCESS
For a period of fourteen (14) days from payment of the Subscription, the Customer will have free Subscription to all the Platform Services. This period will enable the Customer to test the use of the Platform.
At the end of this period of fourteen (14) days from payment of the Subscription, the Customer may choose to exercise a right of withdrawal. If the Customer chooses to withdraw, he/she will notify MONSTOCK under the conditions set out in article 5. MONSTOCK will then refund the Subscription price to the Customer as soon as possible.
Notwithstanding the Customer's withdrawal, and unless the Customer cancels, the Customer retains his or her account and a free Subscription to the Platform and the Services, the latter being then limited, which the Customer understands and acknowledges.
RENEWAL
Subscriptions are automatically renewed on the anniversary date for periods identical to the initial period subscribed unless cancelled (i) by sending a formal notice with acknowledgement of receipt one (1) month before the anniversary date for subscriptions subscribed offline (i) directly from the online account, at least twenty-four (24) hours before the anniversary date.
CANCELLATION AND CHANGE OF SUBSCRIPTION
Only free Subscriptions may be cancelled at any time by the Customer.
Paid Subscriptions cannot be cancelled early.
When a paid Subscription is not renewed, the Customer will have access to the free Subscription with limited access to the Platform and Services. They retain their account and all the documents and information in their account at the end of the paid Subscription. They are free to cancel this free Subscription at any time and delete their account at their convenience.
By default, all paid Subscriptions that have been the subject of a special offer (discount coupon, partner offer, Special Terms and Conditions) are transformed into a free Subscription at the end of the special offer or Special Terms and Conditions.
Only the Services corresponding to the free Subscription formula will remain accessible.
Termination by the Customer will result in the deletion of the Customer account and all User accounts.
The Customer and Users may not claim any compensation or reimbursement from MONSTOCK as a result of the deletion of the account resulting from the termination initiated by the Customer.
4. PAYMENT TERMS
PAYMENT
Payments are made in a single instalment for Products and Services. For Subscriptions, payments are made in one instalment at the time of Subscription for the entire Subscription period and in one instalment at each renewal.
Payments are made in the following ways:
- Either by credit card, on a secure payment server that uses SSL (Secure Socket Layer) encryption.
- Or by payment via the Customer's Itunes account in the case of the MONSTOCK mobile application downloaded from the Apple Appstore.
- Or via a payment via the Google account in the case of the MONSTOCK mobile application downloaded from the Google Playstore.
MONSTOCK communicates the Customer's email address to the company in charge of payment for confirmation of payment.
Bank details are in no way kept by MONSTOCK. These details are kept by the payment service provider in charge of securing transactions and allowing Subscriptions to be extended.
Transactions and information concerning the Customer are always confirmed. It is advisable to print out the confirmation form and keep it. This form also contains contact details in the event of a problem.
Regardless of the type of offer (Services, Products and Subscriptions) taken out, the Customer is solely responsible for payment of his/her Subscription.
LATE PAYMENT PENALTIES
Payments are net, without discount or rebate, on the payment date shown on the invoices.
Late payment penalties are payable on the day following the payment date shown on the invoice, i.e. in principle, unless otherwise agreed between the parties, on the date of receipt of the goods or performance of the service requested.
Also, if the sums due are paid after the date shown on the invoice, this delay will automatically entail the payment of late payment interest set at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, in addition to a fixed indemnity of €40 per invoice for recovery costs, which may be increased by additional costs requested on justification.
Payment of these charges is not subject to prior formal notice.
In addition, the delays accepted by MONSTOCK in the payments also involve automatically a compensation fixed at the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points (default interest).
In the event of late payment, we reserve the right to suspend or cancel current orders and services without prejudice to any other remedy, and to demand payment of all our debts due or to fall due by operation of law and without prior notice.
PURCHASE OF PRODUCTS
Unless expressly stipulated otherwise, our prices are for goods ex our site or warehouse, excluding packaging. In the event of carriage paid shipment, this is understood to be by the most economical means: additional costs for any other means of transport are the sole responsibility of the customer.
Goods travel at the recipient's risk, even when dispatched carriage paid. In the event of damage, loss or theft during transport, or in the event of late delivery, it is the responsibility of the consignee to take recourse against the carriers. In any event, in the absence of reservations on delivery, the buyer may not subsequently invoke non-conformity in order to avoid payment, unless he sends his complaints within 5 days by registered letter with acknowledgement of receipt.
If the purchaser fails to take delivery of the goods, full payment will still be due, without the purchaser being summoned to collect the goods, and without prejudice to any damages and interest.
Our company also intends to provide proof of delivery of the goods by signing the delivery note.
5. RIGHT OF WITHDRAWAL
Only Customers who are not professionals under the terms of the French Consumer Code have a period of fourteen (14) clear days from the date of subscription to exercise their right of withdrawal.
The request may be sent (i) by e-mail to the following address: contact@monstock.net , or (ii) by registered post with acknowledgement of receipt to :
In all cases, the Customer must mention his/her surname and first name as well as the e-mail address given when registering on the Platform.
However, should the Customer decide to make use of the Services offered on the Platform before the aforementioned deadline expires, they must expressly request this by sending an e-mail to contact@MONSTOCK.net. This request will constitute an express waiver of the right of withdrawal, in accordance with the provisions of article L.221-25 of the French Consumer Code.
In the event of withdrawal, the Customer will be reimbursed the sums already paid at the latest within fourteen (14) days for Subscription Services, following the date of receipt by MONSTOCK of the withdrawal request in accordance with article L.221-24 of the French Consumer Code. However, MONSTOCK will retain the costs of activation.
6. ACCESS TO THE PLATFORM
6.1 Platform access conditions
To access the Products and Services offered on the Platform, the Customer must create a personal account for each User.
MONSTOCK makes its best efforts to ensure permanent access to the Platform subject to periods of maintenance and servicing, server updating operations and any exceptional interruptions, in particular in the event of a technical failure affecting access to or operation of the Platform for reasons beyond MONSTOCK's control such as, in particular, interruption of telecommunications systems, interruption of the Internet or interruption of the services of its IT service providers, for any reason whatsoever.
MONSTOCK undertakes to use all means at its disposal to inform the Customer and Users as soon as possible of any interruption to the Services and to re-establish access to the Platform as soon as possible.
The occurrence of the events listed above as well as any other event of force majeure will have no consequence on the continuation of the Services, Products and Subscriptions and may not give rise to any claim on the part of the Customer.
Furthermore, MONSTOCK may not be held liable for any damage or interruptions resulting from operations carried out by the User as part of his/her connection to the Platform.
6.2 Hardware requirements
To use the Platform, Users must have computer or electronic equipment capable of connecting to the Internet, compatible with the Platform and the Services and an Internet connection.
Before using the Services, Products and Subscriptions, Users are advised to check that the Platform is accessible and that the Services are compatible with their computer equipment. To do this, Users are invited to consult the technical information available in the "FAQ" or "Help" sections accessible from the Platform homepage.
MONSTOCK declines all responsibility in the event of the User's hardware not functioning or being incompatible with the Platform, the Products or the Services.
6.3 Account - Subscription
To access the Services, Products and Subscriptions, the Customer must create an account by filling in the mandatory fields.
The User is then asked to enter a username and password. These details are confidential. The User undertakes to keep the username and password used to access his/her account secret. The User undertakes to change his/her password regularly and to observe all security recommendations that MONSTOCK may make to him/her when choosing his/her password. At the express request of the User, the password can be reset.
Each User undertakes to provide accurate information when creating the account and to inform the Company of any changes concerning them.
Use of the Services, Products and Subscriptions by the User implies unreserved acceptance of these GCUV.
In certain cases, in particular for non-payment, incorrect address or any other problem linked to account information, MONSTOCK reserves the right to suspend the Customer's and/or Users' access to the Services, Products and Subscriptions until the problem has been resolved.
The User acknowledges that he/she has been informed that the elements concerning his/her Services, Products and Subscriptions are available on the Platform.
Invoices are archived on a reliable and durable medium so as to correspond to a true and durable copy.
6.4 Use of the account
Users must accept technical cookies in order to use the Platform Services.
The User will be solely responsible for the consequences of the use of his/her account, until it is deleted, unless the User can demonstrate that the use of his/her login details or account is the result of fraud attributable to a third party.
Any connection or transmission of data will be deemed to have been made by the User and under his/her sole responsibility unless the User can demonstrate that the use of his/her login details or account is the result of fraud attributable to a third party.
The User assumes responsibility for the security of his/her own terminals enabling access to the Platform. In the event that the User becomes aware of unauthorised access to the Platform via its Identifiers, the User must inform MONSTOCK immediately so that MONSTOCK can take all necessary measures.
7. SUSPENSION AND INTERRUPTION OF SERVICES
MONSTOCK reserves the right to suspend, without notice or compensation, the User's access to the Services in the following cases:
- non-compliance with the GCUV,
- non-compliance with the Special Conditions applicable to the Subscription taken out.
MONSTOCK may make changes to the Platform and develop its services without the User being able to object. The User acknowledges that technical developments likely to improve the quality of the Service may be necessary.
The User is hereby informed that such changes may result in the Services and/or the Platform being temporarily unavailable or in their application being updated.
The User is informed that changes to the Platform may, in particular, require updates to their hardware to enable optimal use of the Platform.
8. PROTECTION OF PERSONAL DATA
8.1 Computer processing
MONSTOCK ensures the confidentiality and security of the personal data of the Customer and Users.
The personal data processed by MONSTOCK is intended for the proper functioning of the Platform to provide all the Services and to enable the Customer and Users to access their accounts.
Optional information is intended to get to know the Customer better and thus improve the services offered.
MONSTOCK certifies that its files and automated processing of personal data have been declared to the CNIL, in accordance with the French Data Protection Act of 6 January 1978, under number 2163028.
MONSTOCK is likely to send by e-mail to the Customer, commercial information concerning its partners and allowing the Customer to better know the services which they propose.
MONSTOCK will not communicate any information of a personal nature to a third party without the express agreement of the Customer and Users.
In all cases, MONSTOCK reserves the right to use the data anonymously for statistical purposes.
The Customer authorises MONSTOCK to communicate its data to partners of MONSTOCK. Before any communication of data to partners, MONSTOCK will anonymise, as far as possible, the personal data of each User.
8.2 Use of cookies
When accessing the Platform, cookies are installed on the User's computer or mobile electronic devices.
Cookies must be kept for as long as the User's account is open.
If these cookies are deleted by the Customer or the User, the latter may no longer have access to the Services, as these cookies enable a range of services and content to be personalised according to the User's profile.
8.3 The User's rights of access, rectification and opposition
The User has free online access to the information concerning him/her in the "My Account" section and can modify and/or export his/her personal data from the Platform within the limits of the characteristics of his/her Subscription.
In accordance with the French Data Protection Act of 6 January 1978, as amended, Users have the right to access their personal data at any time, the right to have it corrected, deleted or completed if it is inaccurate or incomplete, the right to object to it being passed on to third parties, the right to object free of charge to it being used to send them commercial solicitations and, more generally, the right to object to any form of processing as defined by the said Act.
To exercise its right of access, deletion and rectification, the User must make a written request stating its surname, first name and e-mail address given at the time of its registration on the Platform, and attaching a copy of its identity document, all addressed to :
MONSTOCK, Customer Service, 35 Rue René Cassin 51430 BEZANNES
MONSTOCK does not keep any data once the account has been deleted.
8.4 Protection of personal data
MONSTOCK uses service providers with infrastructures installed in highly secure Data-Centers located in France, offering all guarantees of security and preservation of data integrity. Users' data and information are stored on servers protected by hardware and software protection systems and encrypted transmissions. To find out more, Users can consult our service provider's Platform at the following address: http://www.aws.amazon.com.
MONSTOCK also offers multi-cloud provider to choose another host, for this, the user can contact the sales department via the address contact@monstock.net .
8.5 Account deletion
The User can delete his account by accessing his personal space on the site: https://monstock.net
MONSTOCK undertakes to delete the account and the data. When the account is deleted, an email will be sent to the Customer with an export containing all his personal data. All documents archived on the Platform will then be irretrievably destroyed by the Company. The Company will send the User an email confirming that their account has been deleted.
9. INTELLECTUAL PROPERTY
9.1 Intellectual property of MONSTOCK
MONSTOCK owns the intellectual property rights attached to :
- the Platform and all its constituent elements such as, but not limited to, information, databases, software or graphics,
- any distinctive sign, registered or registered by MONSTOCK as a trademark or protected under any legislation relating to intellectual property.
The Services and Subscriptions do not entail any transfer of ownership from MONSTOCK to the Customer or Users, and in no way imply, in particular, authorisation to represent, reproduce, modify or commercially use the various elements of the Platform.
Any deterioration, as well as, in the absence of authorisation, any representation, reproduction, modification or commercial use, in whole or in part, of the various elements of the Platform is prohibited and exposes its (or their) author(s) to legal action.
The Customer and Users shall refrain (and shall ensure that any third party refrains), except insofar as the applicable law expressly authorises them to do so, from: (i) copy or use the Platform other than as set out in this Agreement or any Order; (ii) use the Platform with unauthorised equipment or products; (iii) modify the Platform, create derivative works from the Platform, reverse engineer, decompile, decipher, disassemble or otherwise convert the Platform into a human-readable format; (iv) use the information and/or data accessible via the Platform and/or the Services to develop or have developed programmes that are similar, identical or competitive to the Platform and/or the Services, for any purpose whatsoever, even for internal use; (v) distribute, sell, license or otherwise make the Platform available to unauthorised third parties; (vi) or modify or delete the intellectual property rights notices or legends contained in the Platform.
Attempting to appropriate, copy or reproduce all or part of the Platform or any of MONSTOCK's intellectual property rights, as well as reverse engineering or attempting to reverse engineer the Platform constitute serious breaches on the basis of which MONSTOCK may immediately suspend the Customer's and Users' access to the Platform.
The use of information and/or data accessible via the Platform and/or the Services to create similar, identical or competing programmes to the Platform and/or the Services, for any purpose whatsoever, even for internal use by the Customer, at the end of the Subscription will constitute direct damage for MONSTOCK, giving rise to a right to compensation. In the event of a breach of this obligation, the Customer undertakes to pay MONSTOCK the sum of twenty thousand (20,000) euros as a penalty clause.
9.2 Right to use the Customer's logos and trademarks
The Customer authorises MONSTOCK to use its logo and trademark free of charge for communication purposes on all types of media and means of communication, without any time limit.
10. RESPONSIBILITIES
10.1 Responsibility of the User
The Customer and the User are entirely responsible for the User's use of the Services as part of the Subscription.
The Customer is solely responsible for all documents, information, data and content created, stored, uploaded or transmitted on their account.
MONSTOCK does not check the data, documents and information created, stored, uploaded and/or transferred by the User to their account. Consequently, MONSTOCK declines all responsibility as to their origin, veracity, exhaustiveness and, more generally, any use made of them by the User.
Furthermore, it is the responsibility of the User and the Customer to check that the documents, information, data and content created, stored, downloaded and/or transferred to their account :
- Do not infringe any intellectual property rights,
- Do not contain computer viruses,
- Does not glorify any crime or encourage any criminal activity,
- Are not paedophile, pornographic, obscene, racist, defamatory or revisionist in nature,
- does not correspond to health data,
- In general, are not contrary to public order and morality.
In the event of a breach by the Customer or the User of the obligations stipulated above, MONSTOCK reserves the right to suspend or immediately delete the account of the User at fault as well as, where applicable, the documents, information, data and content that the User has created, stored, downloaded and/or transferred to his/her account, without the User at fault being able to claim reimbursement of his/her Subscription or any compensation in respect of this measure.
Where documents, information, data and content are shared, the User is solely responsible for his decision to share any of his documents or information with another User or to give access to a third party.
In the event of non-fulfilment by the Customer of any of its commitments and in particular in the event of non-payment by the due date of all or part of the sums owed, the contract may be terminated by MONSTOCK as of right for fault of the Customer, 15 days after formal notice has been sent to the Customer to put an end to the non-fulfilment of its obligations, which has remained unsuccessful, without the need to bring an action before the courts and notwithstanding the fulfilment of all contractual obligations by the Customer.
This termination will be effective by sending a registered letter with acknowledgement of receipt to the Customer informing him of the termination by operation of law. As soon as this letter is sent, MONSTOCK will be released from any obligation and any liability towards the Customer.
In the event of termination for fault, the Customer will be liable to pay contractual and fixed compensation equal to 15% of the price appearing on the invoice(s).
10.2 Responsibility of MONSTOCK
MONSTOCK undertakes to implement the reasonable means necessary to provide the Services to the User within the framework of the Special Conditions accepted by the User.
In this respect, MONSTOCK's liability is limited to the commitments made in application of these GCUV and cannot be incurred in particular due to :
- damage due to the total or partial non-fulfilment of its obligations by the User ;
- use of the Services by the User that does not comply with the prescriptions or recommendations of MONSTOCK,
- the use by the User of hardware, software or services that do not comply with the recommendations or prerequisites provided by the Company,
- non-compliance by the Customer or the User with the General Conditions of Use or the special Conditions communicated by the Company and accepted by the User,
- access difficulties and slowness due to network saturation at certain times.
- direct or indirect damage suffered by the User as a result of incorrect use of the Services offered on the Platform.
- the end of the relationship between the User and the MONSTOCK partner through which the User uses the Company's Products or Services.
- force majeure.
MONSTOCK may not be held liable for any malfunction or damage to the User's computer system caused by the use or non use of the Services or the Platform, including any loss of User data, any loss or modification of personal and confidential information and its disclosure to third parties.
The User is aware of and accepts the limitations of the Internet, in particular :
- that the response speed of the Platform may be affected by poor bandwidth,
- that the confidentiality of data circulating on the Internet cannot be fully guaranteed and that such data may be misappropriated,
- that the Services offered on the Platform implement complex computer functions and that it is not possible to test all the possibilities of use.
The User therefore agrees to bear the risks of imperfection or temporary unavailability of the Platform or the Services.
Hypertext links proposed on the Platform may lead to other sites or other information managed by partner sites. Insofar as MONSTOCK cannot exercise any control over these sites, it cannot be held responsible for the content of these other sites.
MONSTOCK's liability will be limited to the amount paid by the Customer.
11. COOPERATION WITH PUBLIC AUTHORITIES
MONSTOCK will co-operate, in accordance with the law, with the authorities which would carry out checks in relation to contents and/or services accessible by the Internet or telephone network or with illegal activities carried out by any Internet or telephone user.
MONSTOCK may not be held liable in the event of communication of elements in its possession on any request made, by judicial requisition, by the judicial, police or administrative authorities.
12. TRANSFER
The transfer of Services, Products and Subscriptions by MONSTOCK is free, insofar as this transfer is required by the transfer of the Platform.
The Services and Subscriptions are binding on the parties hereto, their successors in title and authorised assignees.
13. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These general terms and conditions of sale are governed by French law.
The language of this contract is French.
Any complaint must be sent to MONSTOCK by email: contact@monstock.net .
If no agreement is reached within a period of one month, any disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of the GCSUV will be submitted to mediation. The Customer may refer the matter to the consumer mediator of their choice or contact MONSTOCK who will provide them with the contact details of a mediator.
At European level, the European Commission provides an online dispute resolution platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
If mediation fails or if the consumer Customer does not wish to have recourse to mediation, the French courts shall have sole jurisdiction. For non-professional Customers, exclusive jurisdiction will be given to the Courts of Aix En Provence.