General conditions of sales
ARTICLE 1 – General terms
1.1 The terms “Client”, “Customer” “Buyer” “Consumer” and “User” all refer to any person, legal or natural, having subscribed to the subscription offer by purchasing it on our website and having the quality of a user.
1.2 The term “Service” refers to the subscription the client purchases on our website. It is the SaaS (Software as a service), the product under these General Conditions of Sale.
1.3 The term “Consumption” refers to any action by the Client that is similar to using of the subscription.
1.4 The term “Third Party” refers to any individual or legal entity that is not a party to these General Conditions of Sale.
1.5 These GCS (General Conditions of Sale) govern the contractual relationship between the Parties. The Customer acknowledges having the authority to bind the Company, Mango 3D in Contract.
1.6 These GCS shall supersede any previous document, any other written, or verbal agreement relating to the same subject matter, and shall prevail over any contrary provision that may be contained in documents issued by the Customer.
1.7 If any provision of these General Conditions of Sale or its application to any person or circumstance is held invalid, such invalidity shall not affect the remaining provisions or applications of these General Conditions of Sale, which shall remain in full force and effect, separate from the provision held invalid. For this purpose, the provisions of these GCS are declared to be self-contained.
1.8 These GCS are written in the French language. An English translation is provided for information purposes. In case of contradiction, only the French version shall be binding between the Parties. (add link to the French version)
ARTICLE 2 – Technical means – Characteristics of the Service
2.1 Before any use of the website and the Service, the Customer must ensure that he has the technical and computer means enabling him to use the website and to order the Services on the website and that his browser allows a secure access to the website. The Customer must also ensure that the computer configuration of his hardware/equipment is in good working order and does not contain any virus. The Customer must also ensure that he has the capabilities to download, install and any Application or Service provided by Mango 3D.
2.2 The Service is accessible online. It gives access to the functionalities detailed at the time of subscription to the Service.
ARTICLE 3 – Purpose
3.1 The purpose of these GCS is to determine the conditions under which Mango 3D grants the Customer, who accepts it, the non-transferable, non-exclusive and personal right to use the service, the characteristics of which are specified in the preceding article.
3.2 Mango 3D expressly reserves the right to modify all or part of the Service or its access conditions and, where applicable, the presentation and/or content of the features at any time without prior notice and without compensation, in order to improve the Service.
3.3 The GCS are systematically sent or given to each Customer before subscribing to the service. Therefore, by checking the box for acceptance of these GCS, the Customer agrees to these GCS without reservation, to the exclusion of any other documents in his possession issued by Mango 3D, which shall only be indicative and non-binding.
ARTICLE 4 – Access to the service
4.1 The Customer shall access the Service via the Internet through the website using a login and a password which shall be provided to the Customer upon creation of its account.
4.2 The Customer shall have access to the SaaS (Software as a service) 24 hours a day, 7 days a week, except in the event of maintenance operations, breakdowns or force majeure affecting Mango 3D.
4.3 The Customer shall be responsible for taking out a subscription with an Internet service provider to access the website, the Applications and the Service. The Customer shall ensure the compatibility of its technical environment required for access and/or use of the Applications and the Service.
4.4 The subscription to the Service taken out by the Customer is only valid for one physical entity and should not be shared with other persons. The Customer acknowledges that the access codes to the service are strictly personal, confidential and non-transferable. The Customer undertakes to maintain the confidentiality of its access codes to the service and to take all necessary measures to prevent the communication of these codes which would allow Third Parties to access the service in an illicit manner.
4.5 The Customer undertakes not to resell the services included in the service to its customers or Third Parties. In the event of non-compliance with this obligation, Mango 3D may immediately suspend the performance of its Services, without having to justify this to the Customer.
ARTICLE 5 – Updates – Maintenance
5.1 Mango 3D regularly updates the Service accessible through the website and its Applications.
5.2 Mango 3D undertakes to do its utmost to ensure that maintenance operations do not disrupt the Customer’s use. In the event that maintenance or updates result in the suspension of the Service, Mango 3D shall notify the Customer as soon as possible.
ARTICLE 6 – Duration
6.1 Monthly Payment Subscription: The Contract of the Application or the Service takes effect from the date of activation of the Application or the Service for the initial and firm duration (“Initial Term”) of one (1) month. At the end of this Initial Term, the contract is renewed by tacit agreement for a period of one (1) month and new Subscription fees will be due monthly.
6.2 Termination of Monthly Payment Subscription: The Contract may be terminated at any time after the one (1) month period by resiliating on the Application or via the User Account on the website. The amount paid for the subscription of the month of termination remains due to the Company.
6.3 Annual Payment Subscription: The Contract takes effect from the date of activation of the Service for the initial and firm duration (“Initial Term”) of one (1) year. At the end of the Initial Term, the contract is renewed by tacit agreement for the same term and new subscription fees will be due annually.
6.4 Termination of Annual Payment Subscription: The contract may be terminated at any time by terminating it on the Application or via the User Account on the website. The total amount paid for the subscription remains due to the Company.
ARTICLE 7 – Termination
7.1 Subject to the provisions of public policy, Mango 3D and the Customer may terminate the Agreement in the event of a serious breach of Contract provided that they notify the other Party of their decision by Email.
Serious misconduct shall constitute (i) the failure of a Party to remedy a serious contractual breach, (ii) the total or partial non-payment of an invoice on its due date by the Customer.
In the event of contract Termination, the user shall be notified and a confirmation will be sent by Email.
7.2 The following constitutes a serious fault within the meaning of the preceding article
- the non-payment of an invoice
- the violation by the Customer of the perimeter of the rights granted to him in application of the Contract
- an attempt by the Customer to intrude on or undermine the integrity of the website, Applications and Services provided by Mango 3D.
7.3 In the event of early Termination of the Agreement for any reason whatsoever, all outstanding amounts due by the Customer shall become immediately payable without prejudice to any damages that may be due to Mango 3D. Furthermore, the defaulting Party shall indemnify the other Party for all proven damages suffered by it as a result of the Termination of the contract due to the defaulting Party’s breach of its contractual obligations.
7.4 The nature of the Applications and Services implies that its performance will begin from the moment of the order’s payment, which the Buyer, who is considered as a Consumer within the meaning of the applicable laws and case law, recognises and accepts. Consequently, the right of withdrawal may be exercised under the French Code of Consumers. Learn more
ARTICLE 8 – Order – Price – Payment
Price
8.1 In consideration of access to the Applications and the Service under the terms and conditions of this Agreement, the Customer agrees to pay Mango 3D a fee for the use of the Applications and the Service. In the event of early Termination of the Agreement for any reason whatsoever, the Customer shall pay Mango 3D the full amount of the outstanding Applications or Service fee.
8.2 The amount of the Applications or Service fee is indicated on the website, in euros, exclusive of tax. Local taxes may be added following the place of residency of the Customer. The rates indicated on the website are those in force on the day the contract is signed.
8.3 The amount of the remuneration of the Service is payable at the time of the signature of the contract. The payment of the Service fee shall be made by monthly or annual direct debit, depending on the chosen plan. The amounts due to Mango 3D do not include the cost of the Internet connection, which shall be borne by the Customer.
8.4 Mango 3D shall be entitled to change the amount of the fee for the Service, provided that it informs the Customer by any means at least fifteen (15) days prior to the change in the fee for the Service coming into effect. The new fee for the service shall only apply to the renewal of the service: the month following the notification to the Customer for Monthly Payment Subscription, the year following the notification to the Customer for Annual Payment Subscription. The Customer is free to object to the change in rate by cancelling the Service via the Applications or the User Account on our website or by requesting a cancellation via Email within fifteen (15) days of the notification to the Customer. If the Customer does not send a cancellation request within this period, the Customer shall be deemed to have accepted the new fee for the Service.
Order
8.5 The Customer may modify the Order and correct any errors before accepting the Order.
8.6 The Service is provided subject to the Customer’s acceptance of these GCS. The Customer is deemed to have accepted these GCS, EULA (End User Licence Agreement) and the Privacy Policy by clicking on the confirmation button when ordering the Applications or Service. These GCS govern the contractual relationship between the Company and the Client, who accept them without reservation.
8.7 After acceptance of these GCS and validation of the order, the Contract is validly concluded between Mango 3D and the Customer and is irrevocably binding on both parties. An email confirming the order request will be sent to the Customer.
8.8 Mango 3D recommends that the Customer keep the information contained in the order confirmation issued by Mango 3D on paper or in electronic form.
8.9 Orders placed by the Customer are binding and irrevocable and are subject to these GCS.
8.10 Mango 3D reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
Payment
8.11 Prices are mentioned on the website, Applications or Services in the description of the Service, in euros (EUR, €) and excluding all taxes.
8.12 The total amount is indicated in the summary of the order, before the Customer accepts these GCS, validates his order for the service, fills in and validates his billing information and proceeds to the payment. This total amount is indicated exclusive of tax and inclusive of all taxes.
8.13 The order of the Service on the website, Application or Services, is payable in euros. The full payment must be made on the day of the order by the Customer, by transfer to the account of Mango 3D, via bank card or PayPal.
8.14 The website uses the security system of Mollie for the payment by bank card. This system guarantees the Customer the total confidentiality of their banking information. The banking transaction, carried out between the Customer and the chosen secured system is thus entirely encrypted and protected. Mango 3D does not store the Customer’s banking information.
8.15 The Customer shall not, under any circumstances, make any deduction between the amounts that Mango 3D may owe to the Customer and the amounts owed to Mango 3D, unless Mango 3D expressly agrees to do so. Insofar as applicable, Mango 3D shall add VAT or other local taxes to the invoiced amounts.
8.16 Mango 3D reserves the right to suspend or cancel any performance of the Service in the event of non-payment or partial payment of any amount due by the Customer to Mango 3D.
8.17 Any delay in payment shall automatically trigger a suspension of the Service until the payment is made by the Customer.
ARTICLE 9 – Complaints
9.1 The Company undertakes to respond to any complaint within a maximum of fithteen (15) working days (monday-friday) from receipt of a written request addressed via email to contact@mango3d.io
9.2 For any order or Subscription to the Applications or a Service, the Company undertakes, after examination of the complaint of the Customer, to propose a total or partial refund. Refunds will be initiated based on the Customer’s request and claim. Mango 3D reserves the right to grant or deny refund requests.
ARTICLE 10 – Refunds
10.1 According to the French Code of Consumers, the Customer is entitled to a fourteen (14) day cooling off period. During that period starting from the moment of purchase, the Customer can request a full refund of the Service by email to contact@mango3d.io.
10.2 The refund shall be processed within fifteen (15) business days of the reception of the refund request The refund will automatically trigger the termination of the service.
10.3 Mango 3D reserves the right to grant or deny refund requests received after the fourteen (14) day cooling off period.
ARTICLE 11 – Guarantee and responsibility
11.1 The Customer shall be solely responsible for the use of the Applications or the Service provided by Mango 3D. Mango 3D shall only be liable for any statutory warranties applicable to its applications and services, to the exclusion of all other warranties.
11.2 Mango 3D shall not be liable for its own negligence and misconduct, as well as that of its employees, if any such negligence or misconduct is likely to cause death or injury to any person.
11.3 The liability of Mango 3D for direct and proven damages caused to the Customer shall be limited to the amount of the relevant subscription or order. In no event shall Mango 3D be liable for indirect, incidental or special damages as defined by the case law of the French courts.
11.4 In no event shall Mango 3D be liable for: (i) damages resulting from the Customer’s failure to perform its obligations; (ii) any financial or commercial loss such as, for example, loss of profits, loss of customers, loss of data, commercial disturbances of any kind, loss of orders, which constitute unforeseeable and indirect damages and therefore do not give rise to any claim for compensation.
11.5 Mango 3D shall not be liable for non-performance in the event of force majeure as defined by Article 1218 of the French Civil Code and the French courts, or in the event of damage caused by a Third Party or due to the Customer’s improper or inappropriate use of the Services in violation of Mango 3D’s regulations or good practice.
ARTICLE 12 – Right of use and reproduction
12.1 The Applications and Services, as well as all the data appearing on the website, is protected by copyright and by the right of databases in accordance with the intellectual property code. These elements may not under any circumstances be reproduced, represented, lent, exchanged, sold, distributed or transmitted, even partially, except in cases expressly authorized by law or provided for in the contract. The functionalities of the Service may not be used for the purpose of infringing or misappropriation of these intellectual property rights.
12.2 The Customer shall not use the Service for any purpose other than that expressly provided for in the Agreement, nor shall the Customer distribute, publish, sell or trade in any way the content accessed by the Customer, nor shall the Customer infringe, directly or indirectly, in any way the rights of Mango 3D.
12.3 The Customer agrees not to create or attempt to create a database from the data and/or through the Service in order to offer, directly or indirectly, free of charge or for a fee, the same or a comparable service to any third party in order to circumvent the personalization of access to the Service.
12.4 The Customer agrees not to infringe the intellectual property rights held by Mango 3D on the service or any other element on the website protected by intellectual property rights, including trademarks and logos.
ARTICLE 13 – Use of the Software for Commercial Purposes
13.1 In accordance with Article L122-6 of the French Intellectual Property Code, users intending to utilize our software and services for commercial purposes are required to obtain a commercial license. This requirement particularly applies to businesses or professionals [except for figurine sellers, artists, and creators] with an annual turnover exceeding €120,000, who must acquire a commercial license appropriate for their needs. Unauthorized use of the software for professional purposes or any revenue-generating activity constitutes a violation of our terms of service and may result in legal action. If you encounter this situation, please contact our team at contact@mango3d.io for assistance.
ARTICLE 14 – Confidentiality of Customer data
The provisions concerning the protection of personal data as derived from the French Data Protection Act of January 6, 1978 as amended by the Act of June 20, 2018 on the protection of personal data and the European Union General Data Protection Regulation (GDPR) are located in an annexed document entitled “Privacy Policy” accessible at the following link: https://mango3d.io/privacy-policy/
ARTICLE 15 – Insurance
Each of the Parties undertakes to maintain in force, for the entire duration of the Contract, with a solvent insurance company, an insurance policy guaranteeing damage that may occur to its property and personnel, as well as a policy covering its personal or professional liability, so as to cover the pecuniary consequences of bodily, material and immaterial damage for which it would be responsible, caused by any event and which would be the fact of its own actions.
ARTICLE 16 – General Provisions
16.1 Applicable law: The contract is interpreted and governed in accordance with French laws without taking into account the principles of conflict of laws.
16.2 Jurisdiction: The Courts of Paris shall have exclusive jurisdiction to hear any dispute of any nature or any dispute relating to the interpretation or execution of these GCS, notwithstanding multiple defendants, incidental or summary proceedings or warranty claims, unless Mango 3D prefers to bring the matter before any other competent court.
16.3 Assignment: Mango 3D may decide to assign or transfer its rights or obligations under these GCS provided that the Customer has the same obligations as Mango 3D and under the same conditions.
16.4 Agreement of proof: The Parties agree that all writings, including electronic writings, exchanged between them as well as all data, including technical data, are authentic and valid proof of the content of their exchanges and their commitments.
16.5 Contact: Mango 3D may be contacted at any time by email at the following address: contact@mango3d.io