These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of the services provided by the RELYFE platform (the “Provider” or the “Vendor”) to consumers and non-professional clients (the “Clients” or the“Customer”) on its website https://user.passcare.com/.
The main characteristics of the Services are presented on the website https://user.passcare.com/.
The Customer is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
These conditions apply to the exclusion of all other conditions, in particular those applicable to other marketing channels for the Services.
They may be supplemented by special conditions, set out on the website, prior to any transaction with the Customer.
These General Terms and Conditions of Sale are accessible at any time on the Internet site and will prevail, where applicable, over any other version or anyother contradictory document.
In the absence of proof to the contrary, the data recorded in the Service Provider’s computersystem constitutes proof of all transactions concluded with the Client.
In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the RGPD (general regulations on data protection) which cameinto force on 25 May 2018, the Customer has, at any time, a right of access,rectification, opposition, deletion and portability of all his personal data bywriting, by mail and by proving his identity, to :
Data Protection Officer
21 rue de Courcelles, 51100 Reims - France
The Customer declares having read these General Terms and Conditions of Sale and havingaccepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure as well as the general termsand conditions of use of the website https://user.passcare.com/.
The validation of the order of Services by the Customer is tantamount toacceptance without restriction or reservation of these General Terms andConditions of Sale.
The Customer acknowledges having the capacity required to contract and acquirethe Services offered on the website https://user.passcare.com/.
As these General Terms and Conditions of Sale may be subject to subsequentmodifications, the version applicable to the Customer’s purchase is that inforce on the website on the date the order is placed.
The Customer selects on the site the services hewishes to order, according to the following terms and conditions:
Access to the information page in order to complete the essential elements forthe validity of the order, then
Choice of offer, then
Fill in the delivery address to receive the RELYFE card(s), finally
Access to the online payment page to proceed to the validation of the paymentto the RELYFE platform.
Contractual information is presented in French language and is subject toconfirmation at the latest at the time of the validation of the order by theCustomer.
The registration of an order on the Provider’s website is carried out when theCustomer accepts the present General Terms and Conditions of Sale by tickingthe box provided for this purpose and validates his order. The Customer has theopportunity to check the details of his order, its total price and to correctany errors before confirming acceptance (article 1127-2 of the Civil Code).This validation implies the acceptance of the entirety of the present GeneralTerms and Conditions of Sale and constitutes proof of the contract of sale.
It is thereforeup to the Customer to check the accuracy of the order and to immediately reportany errors.
The sale of Services will only be considered final after the Service Providerhas sent the Client confirmation of acceptance of the order by e-mail and afterthe Service Provider has received the full price.
Any order placed on the https://user.passcare.com/ website constitutes theformation of a contract concluded remotely between the Client and the ServiceProvider.
RELYFE reserves the right to cancel or refuse any order from a Client with whomthere is a dispute over payment of a previous order.
Once confirmed and accepted by the Vendor, under the conditions describedabove, the order cannot be cancelled, except in cases of force majeure.
Placing an order on the website https://user.passcare.com/ implies theconclusion of a contract for a minimum duration of one (1) month (as part of amonthly formula) tacitly renewed for the same duration or the conclusion of acontract for a minimum duration of twelve (12) months (as part of an annualformula) tacitly renewed for the same duration.
Under the termsof Article L215 -1 of the Consumer Code, literally reproduced:
“For service contracts concluded for a fixed term with a tacit renewal clause,the professional service provider shall inform the consumer in writing, byregistered letter or dedicated e-mail, no earlier than three (3) months and nolater than one (1) month before the end of the period authorising the rejectionof the renewal, of the possibility of not renewing the contract he hasconcluded with a tacit renewal clause. This information, delivered in clear andcomprehensible terms, mentions, in an apparent box, the deadline for non-renewal.
Where that information has not been sent to him in accordance with the firstsubparagraph, the consumer may terminate the contract free of charge at anytime from the date of renewal.
Advances made after the last date of renewal or, in the case of open-endedcontracts, after the date of conversion of the initial fixed-term contract,shall in this case be reimbursed within thirty (30) days of the date oftermination, less any sums corresponding, up to that date, to the performanceof the contract. The provisions of this Article shall apply without prejudiceto those provisions which make certain contracts legally subject to specialrules regarding consumer information.
Similarly, pursuant to Article L215-3 of the Consumer Code, the provisions ofthis chapter are also applicable to contracts concluded between professionalsand non-professionals”.
Article L241-3 of the French Consumer Code penalises the professional who hasnot made repayments under the conditions provided for in Article L215-1 of theFrench Consumer Code.
Unless there arespecial conditions specific to the sale, the delivery of the RELYFE card(s)will be made to the Customer’s home address, as provided when the Customer’sregistration was entered, within a reasonable period of time and no later thanten (10) days from receipt by the Service Provider of a valid onlinesubscription application.
In the absence of any delivery within seven (7) days after the expiry of thesaid period, except in cases of force majeure, the Customer may automaticallyrequest, at his discretion, the cancellation of the subscription by any means.
The costs and risks associated with the delivery of RELYFE cards are the soleresponsibility of the Service Provider.
From the time of delivery, the risks of the cards are transferred to theCustomer.
If the Customerrefuses delivery of the RELYFE Card(s) for any reason whatsoever, or if suchdelivery is made impossible due to circumstances attributable in whole or inpart to the Customer and/or a third party, the Service Provider may, withoutprejudice to any other available remedies, store the Customer’s RELYFE Card(s)or send a second shipment after informing and exchanging with the Customer.
The Customer may assume any costs and risks of transporting the cards sold,after the first delivery.
Once the subscription form has been entered and validated online by the ServiceProvider, the Service Provider undertakes to generate the personalised personalkey(s) for the benefit of the Customer having subscribed to the RELYFEPlatform. This key allocation integrated to the unique digital identity isdisplayed on the RELYFE card delivered to the Customer’s home.
The Servicesoffered by the Service Provider are provided at the rates in force on thewebsite https://user.passcare.com/ according to the quote established by theService Provider, when the order is recorded by the Service Provider. Theprices are expressed in Euros, excluding VAT and all taxes.
The prices take into account any discounts that may be granted by the ServiceProvider under the conditions specified on the website https://user.passcare.com/.
These prices are firm and non-revisable during their period of validity, as indicatedon the website https://user.passcare.com/, the Service Provider reserves theright, outside this period of validity, to modify the prices at any time.
The payment requested from the Customer corresponds to the total amount of thepurchase, including these fees.
An invoice is drawn up by the Service Provider and given to the Client when theServices ordered are provided.
Payment is dueimmediately upon ordering. The price is payable in full, in cash, on the day ofthe provision of the Services ordered under the conditions defined in thearticle “Provision of Services” below and as indicated on the invoice given tothe Client, by secure payment, according to the following terms:
by bank cards: Bank Card, Visa, MasterCard, American Express.
In accordancewith the provisions of the French Monetary and Financial Code, the commitmentto pay given by bank card is irrevocable, except in the event of fraudulent useof the card. In this case, the Customer may request the cancellation of thepayment and the return of the corresponding sums.
Secure online payment by credit card is made by our payment service provider“Stripe”.
The informationand in particular the payment data transmitted is encrypted in a professional mannerand cannot be read during transmission on the network. They are exchanged inencrypted mode using the “AES 256” protocol. Once the payment is initiated bythe Customer, the transaction is immediately debited after verification of theinformation.
By communicatingits banking information at the time of sale, the Customer authorises the Vendorto debit its card for the amount relative to the price indicated. The Customerconfirms that he is indeed the legal holder of the card to be debited and that heis legally entitled to use it.
In the event ofan error, or if it is impossible to debit the card, the sale is immediatelycancelled by operation of law and the order is cancelled.
Payments made bythe Customer will only be considered final after effective collection of thesums due by the Service Provider.
The Service Provider reserves the right, in the event of non-compliance withthe payment conditions set out above, to suspend or cancel the provision of theServices ordered by the Customer and/or to suspend the performance of itsobligations.
No additionalcosts in excess of the costs incurred by the Service Provider for the use of ameans of payment may be charged to the Customer.
The Servicesordered by the Customer, which include subscription services and access to the RELYFEplatform and the supply of the RELYFE card, will be provided immediately uponfinal validation of the Customer’s order for access to the online platform andfor the RELYFE card, subject to the time limits for dispatch by post, under theconditions set out in these General Terms and Conditions of Sale, to theaddress indicated by the Customer when ordering on the https://user.passcare.com/website.
The Service Provider undertakes to make its best efforts to provide theServices ordered by the Customer, within the framework of an obligation ofmeans and within the time limits specified above.
If the services ordered have not been provided within the above-mentioneddeadlines after the indicative date specified above, for any reason other thanforce majeure or the Customer’s fault, the sale may be cancelled at theCustomer’s written request under the conditions provided for in Articles L216-2 L 216-3 and L241-4 of the French Consumer Code. The sums paid by theCustomer will then be returned to him at the latest within fourteen (14) daysfollowing the date of termination of the contract, to the exclusion of anycompensation or deduction.
The Service Provider is identified as follows:
Simplified Joint Stock Company
Share capital: 43,178 euros,
21 rue de Courcelles in Reims (51100) - France
818,991,929 RCS Reims
Given the natureof the services provided, orders placed by the Customer do not benefit from theright of withdrawal.
The contract is therefore concluded definitively as soon as the order is placedby the Customer according to the terms and conditions specified in theseGeneral Terms and Conditions of Sale.
The ServiceProvider guarantees, in accordance with the legal provisions and withoutadditional payment, the Client against any lack of conformity or hidden defect,resulting from a defect in the design or execution of the Services orderedunder the conditions and according to the terms and conditions defined in theappendix to these General Terms and Conditions of Sale.
In order to assert its rights, the Client must inform the Service Provider, inwriting, of the existence of the defects or lack of conformity within a maximumperiod of fifteen (15) days from the provision of the Services.
The Service Provider shall refund or rectify or cause to be rectified (to theextent possible) the services found to be defective as soon as possible and nolater than thirty (30) days following the Service Provider’s discovery of thedefect or fault. Reimbursement will be made by crediting the Client’s bankaccount or by bank cheque sent to the Client.
The Service Provider’s warranty is limited to the reimbursement of the Servicesactually paid by the Client and the Service Provider shall not be held liableor in default for any delay or non-performance resulting from the occurrence ofa case of force majeure usually recognized by French jurisprudence.
The Services provided through the Service Provider’s website https://user.passcare.com/comply with the regulations in force in France. The Service Provider cannot beheld liable in the event of non-compliance with the legislation of the countryin which the Services are provided, which it is up to the Client, who is solelyresponsible for the choice of the Services requested, to check.
Pursuant to Law78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it isrecalled that the personal data requested from the Customer is necessary forprocessing his order and for the preparation of invoices, in particular.
This data may be communicated to any partners of the Vendor in charge of theexecution, processing, management and payment of orders.
The processing of information communicated via the https://user.passcare.com/website complies with the legal requirements for the protection of personaldata, the information system used ensuring optimal protection of such data.
The Customer has, in accordance with the national and European regulations inforce, a permanent right of access, modification, rectification, opposition ofportability and limitation of the processing with regard to the informationconcerning him/her.
This right may be exercised under the conditions and according to the terms andconditions defined on the website https://user.passcare.com/.
The content ofthe website https://user.passcare.com/ is the property of the Vendor and itspartners and is protected by French and international laws relating tointellectual property.
Any total or partial reproduction of this content is strictly prohibited and islikely to constitute an infringement of copyright.
The Parties maynot be held liable if the non-execution or delay in execution of any of theirobligations, as described herein, results from a case of force majeure, withinthe meaning of Article 1218 of the Civil Code.
The presentGeneral Terms and Conditions of Sale and the operations resulting from them aregoverned by French law.
They are written in French. In the event that they are translated into one ormore languages, only the French text shall be deemed authentic in the event ofa dispute.
The Client has aperiod of two (2) months from the date of delivery to notify the ServiceProvider in writing, stating the references appearing on the invoice, of anycomplaint concerning the Products and/or Services. In the event of non-receiptof the Product, this period shall run from the date of receipt of the order bythe Service Provider.
After this period, the Products delivered shall be deemed to be accepted by theCustomer and to conform to the order in terms of quality and quantity. TheService Provider will not be responsible for the return costs unless prioragreement has been reached with the Service Provider.
In accordance with the provisions of Articles L.611-1 to L.616-3 of the FrenchConsumer Code, the Customer is informed that he may have recourse to a consumer ombudsman under the conditions provided for in Title 1 of Book VI of the FrenchConsumer Code.
In the event of failure to make a claim to the Service Provider’s customerservice department, or in the absence of a response within two (2) months, theCustomer may submit the dispute to a mediator who will make an independentattempt to bring the parties together with a view to obtaining an amicable solution.
The ServiceProvider provides RELYFE Customers with a support service directly accessibleon the e-Health Platform during business hours, as well as a chat room toreceive their questions 24 hours a day, 7 days a week.
The Provider certifies that the tele-operators in charge of the after-salesservice of the RELYFE Platform are regularly employed and hold an employmentcontract in compliance with the applicable employment legislation. The ServiceProvider certifies that these personnel have the skills and qualificationsrequired to perform the after-sales services.
The Service Provider’s personnel shall remain under the sole authority,subordination, control and responsibility of the Service Provider.
All disputes to which the purchase and sale operations concluded in application of the presentgeneral terms and conditions of sale could give rise, concerning theirvalidity, interpretation, execution, termination, consequences and aftermath andwhich could not be resolved between the seller and the customer will besubmitted to the competent courts of the city of Reims under the conditions of common law.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation(C. consom. art. L 612-1) or with the existing sector-based mediation bodies,whose references can be found on the website https://user.passcare.com/, or toany alternative dispute resolution method (e.g. conciliation) in the event of adispute.
The Customeracknowledges having been informed, prior to placing his order and concludingthe contract, in a legible and comprehensible manner, of these General Termsand Conditions of Sale and of all the information listed in Article L. 221-5 ofthe French Consumer Code, and in particular the following information:
– the essential characteristics of the Services, taking into account the mediumof communication used and the Service concerned; – the essentialcharacteristics of the Services, taking into account the medium ofcommunication used and the Service concerned
the price of the Services and any additional costs (delivery, for example);
in the absence of immediate performance of the contract, the date or deadlineby which the Service Provider undertakes to provide the Services ordered;
information relating to the identity of the Service Provider, its postal,telephone and electronic contact details, and its activities, if not apparentfrom the context,
information relating to legal and contractual guarantees and their terms andconditions of implementation ;
the functionalities of digital content and, where appropriate, its interoperability;
the possibility of resorting to conventional mediation in the event of adispute;
information on the right of withdrawal, the terms of termination and otherimportant contractual conditions.
the means of payment accepted.
The fact for a natural person to order on the website https://user.passcare.com/implies full adhesion and acceptance of these General Terms and Conditions ofSale and obligation to pay for the Services ordered, which is expresslyacknowledged by the Customer, who renounces,
in particular,to rely on any contradictory document, which would be unenforceable against theService Provider.
ANNEX I – consumer information
For the purposes of consumer information, the provisions of the Civil Code andthe Consumer Code are reproduced below:
Article 1641 ofthe Civil Code: The seller is bound by the guarantee on account of the hiddendefects of the thing sold which render it unfit for the use for which it isintended, or which so diminish this use that the buyer would not have acquiredit, or would only have paid a lower price for it, if he had known about them.
Article 1648 ofthe Civil Code: The action resulting from redhibitory defects must be broughtby the purchaser within two years from the discovery of the defect. In the caseprovided for by Article 1642-1, the action must be brought, under penalty offoreclosure, within one year following the date on which the seller can bedischarged from the defects or apparent lack of conformity.
Article L217-4 of the French Consumer Code: The seller delivers goods inconformity with the contract and is liable for any defects in conformityexisting at the time of delivery. He is also liable for defects of conformityresulting from packaging, assembly instructions or installation when the latterhas been made his responsibility by the contract or has been carried out underhis responsibility.
Article L217-5of the Consumer Code: The good is in conformity with the contract: 1° If it isfit for the use usually expected of a similar good and, if applicable :
– If it corresponds to the description given by the seller and has thequalities that the seller has presented to the buyer in the form of a sample ormodel;
– if it has the qualities that a buyer can legitimately expect in the light ofpublic statements made by the seller, the producer or his representative,particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between theparties or if it is suitable for any special use sought by the buyer, brought tothe knowledge of the seller and accepted by the latter.
Article L217-12of the Consumer Code: The action resulting from the lack of conformity istime-barred after two years from the delivery of the goods.
Article L217-16of the French Consumer Code: When the buyer asks the seller, during the courseof the commercial guarantee granted to him when acquiring or repairing amovable good, for a repair covered by the guarantee, any period ofimmobilisation of at least seven days is added to the remaining duration of theguarantee. This period shall run from the date of the buyer’s request forintervention or from the date on which the goods in question are made availablefor repair, if such availability is subsequent to the request for intervention.